Statutory Qualification Checklist
PRONGS SATISFIEDMandatory detention applies under § 3143(b)(2) if convicted of an offense described in subparagraph (A), (B), or (C) of 18 U.S.C. § 3142(f)(1) (Crime of Violence, Terrorism, Life Imprisonment, or Drug Felony max 10+ yrs).
Defendant bears the burden of establishing by clear and convincing evidence that they pose no flight risk and no danger to any other person or the community under release conditions.
Miller / Giancola (Fairly Debatable)
Handy (Fairly Doubtful)
Perholtz / Randell (Close Question)
The substantial question must be so integral that if decided favorably to appellant, it will likely result in reversal, a new trial, a non-custodial sentence, or a reduced term of imprisonment less than the expected appellate timeline.
Motion Viability Evaluation
All statutory requirements under 18 U.S.C. § 3143(b)(1) are met: clear and convincing evidence of non-flight/danger and a substantial question likely to yield reversal or retrial.
Without bail pending appeal, appellant will serve 50.0% of their incarceration term before the Circuit issues a mandate.