Quimbee logo
DMCA.com Protection Status

United States v. Tortora

922 F.2d 880 (1990)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

United States v. Tortora

United States Court of Appeals for the First Circuit

922 F.2d 880 (1990)

Facts

Carmen Tortora (defendant) was allegedly a member of the Mafia’s Patriarca family (the family). Tortora was federally charged with extortion, racketeering, and related crimes in furtherance of the family’s criminal enterprise. Tortora’s criminal history included several armed-robbery convictions and other violent crimes, and he repeatedly committed crimes while on parole. A federal magistrate made detailed findings that Tortora should be detained before trial based on his potential threat to the community. Tortora requested that the district court modify or revoke the magistrate’s order, and he submitted no new evidence but proposed pretrial-release conditions. The district court determined that the proposed conditions reasonably assured the community’s safety and ordered Tortora’s pretrial release. The district court made no factual findings and forwarded no reasoning supporting its conclusion. Tortora’s pretrial-release conditions required Tortora to (1) remain on full-time house arrest, except for appointments with doctors and lawyers; (2) wear an electronic bracelet; (3) communicate only with people approved by the prosecutor (plaintiff) and defense counsel; (4) maintain just one residential phone line and connect it to a pen register; and (5) post his residence as security, which Tortora’s brother owned and had agreed to post. The government appealed Tortora’s release order, and the United States Court of Appeals for the First Circuit stayed the release order and expedited the appeal.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

Concurrence (Breyer, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership