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CITE

    18 USC Sec. 3145                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART II - CRIMINAL PROCEDURE
    CHAPTER 207 - RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

HEAD

    Sec. 3145. Review and appeal of a release or detention order

STATUTE

      (a) Review of a Release Order. - If a person is ordered released
    by a magistrate judge, or by a person other than a judge of a court
    having original jurisdiction over the offense and other than a
    Federal appellate court -
        (1) the attorney for the Government may file, with the court
      having original jurisdiction over the offense, a motion for
      revocation of the order or amendment of the conditions of
      release; and
        (2) the person may file, with the court having original
      jurisdiction over the offense, a motion for amendment of the
      conditions of release.
    The motion shall be determined promptly.
      (b) Review of a Detention Order. - If a person is ordered
    detained by a magistrate judge, or by a person other than a judge
    of a court having original jurisdiction over the offense and other
    than a Federal appellate court, the person may file, with the court
    having original jurisdiction over the offense, a motion for
    revocation or amendment of the order. The motion shall be
    determined promptly.
      (c) Appeal From a Release or Detention Order. - An appeal from a
    release or detention order, or from a decision denying revocation
    or amendment of such an order, is governed by the provisions of
    section 1291 of title 28 and section 3731 of this title. The appeal
    shall be determined promptly. A person subject to detention
    pursuant to section 3143(a)(2) or (b)(2), and who meets the
    conditions of release set forth in section 3143(a)(1) or (b)(1),
    may be ordered released, under appropriate conditions, by the
    judicial officer, if it is clearly shown that there are exceptional
    reasons why such person's detention would not be appropriate.

SOURCE

    (Added Pub. L. 98-473, title II, Sec. 203(a), Oct. 12, 1984, 98
    Stat. 1982; amended Pub. L. 101-647, title IX, Sec. 902(c), Nov.
    29, 1990, 104 Stat. 4827; Pub. L. 101-650, title III, Sec. 321,
    Dec. 1, 1990, 104 Stat. 5117.)

PRIOR PROVISIONS

      A prior section 3145, act June 25, 1948, ch. 645, 62 Stat. 821,
    provided cross references to the Federal Rules of Criminal
    Procedure for rules covering parties and witnesses, prior to repeal
    in the revision of this chapter by section 203(a) of Pub. L. 98-
    473.
                                AMENDMENTS
      1990 - Subsec. (c). Pub. L. 101-647 inserted at end "A person
    subject to detention pursuant to section 3143(a)(2) or (b)(2), and
    who meets the conditions of release set forth in section 3143(a)(1)
    or (b)(1), may be ordered released, under appropriate conditions,
    by the judicial officer, if it is clearly shown that there are
    exceptional reasons why such person's detention would not be
    appropriate."

CHANGE OF NAME

      Words "magistrate judge" substituted for "magistrate" in subsecs.
    (a) and (b) pursuant to section 321 of Pub. L. 101-650, set out as
    a note under section 631 of Title 28, Judiciary and Judicial
    Procedure.
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