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United States v. Jessup

United States Court of Appeals for the First Circuit

757 F.2d 378 (1985)

Facts

The Bail Reform Act of 1984 (the act) established a rebuttable presumption for bail decisions that a person charged with a serious drug offense would likely flee before trial. In establishing the presumption, Congress specifically found that such persons were particular flight risks. This presumption was one of several factors the act directed magistrates to weigh in making bail decisions. Mark Jessup (defendant) was charged with a serious drug offense. The magistrate employed the act’s presumption to deny Jessup bail, stating that Jessup had not rebutted the presumption, while noting that the magistrate considered all circumstances under the act. Jessup challenged the denial on the ground that the presumption was unconstitutional.

Rule of Law

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Issue

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Holding and Reasoning (Breyer, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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