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United States v. Motamedi

767 F.2d 1403 (1985)

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United States v. Motamedi

United States Court of Appeals for the Ninth Circuit

767 F.2d 1403 (1985)

Facts

Amir Motamedi (defendant) was charged with conspiring to export items without a license pursuant to the Arms Export Control Act. The federal magistrate initially granted conditional pretrial release, and Motamedi complied with all conditions. After nearly a month, Motamedi learned that he would face additional charges. Several weeks later, Motamedi was indicted on 15 additional charges, and the government (plaintiff) requested Motamedi’s pretrial detention. The government alleged that Motamedi posed a serious flight risk because Motamedi was an Iranian citizen who acted as a de facto purchaser for the current Iranian government and Motamedi maintained large foreign bank accounts. Motamedi heavily disputed the government’s evidence, including the existence of any foreign bank accounts, and contended that he could not freely return to Iran because his family lost its Iranian property and fled Iran after Iran’s Shah fell. Motamedi had no prior arrest record, had lived in Los Angeles since 1977 and had 85 relatives in the area, was a lawful permanent resident with a pending citizenship application, and had attended all court appearances. The magistrate granted the government’s motion for Motamedi’s pretrial detention, and the district court affirmed the pretrial-detention order. Motamedi appealed, and the United States Court of Appeals for the Ninth Circuit reversed the district court. The government moved for reconsideration.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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