United States V. Hazime

This is an emergency appeal from an order of the District Court detaining defendant Hassan Hazime prior to trial without bail under the Bail Reform Act of 1984, (the Act), 18 U.S.C. § 3141 et seq. Hazime challenges the constitutionality of 18 U.S.C. § 3142(e), a provision of the Act that requires judicial officers making pretrial detention decisions to apply a rebuttable presumption that an individual charged with a serious drug offense will likely flee before trial. He also contends that he introduced evidence of family ties and educational and employment history in the United States which rebutted whatever presumption of flight did arise, and that he was therefore entitled to be set free under section 3142(d) of the Act.