United States v. Coonan, 826 F.2d 1180 (2d Cir. 1987): pretrial detention of James Coonan

United States Court of Appeals for the Second Circuit, argued May 13, 1987 and decided August 19, 1987, with a dissent. James Coonan appealed from Judge Leonard Sand’s order detaining him before trial under the Bail Reform Act of 1984. His argument was that the detention hearing had not been held within the five days the statute allows after a defendant’s first appearance. The court holds that because Coonan was already in state custody without bail, and because his first lawyer had said that bail “was not an issue,” the Government was not barred from seeking detention later. It affirms.

On the merits the court says that Judge Sand “found both that Coonan presented a significant risk of flight … and that there was a significant risk of harm to government witnesses,” and that “The government’s evidentiary proffer amply supports both conclusions.” On flight, it says Coonan “had been a fugitive for close to four months while wanted on the state and federal arrest warrants” and had been captured rather than surrendering.

The opinion does not use the word “Westies” in the passages read for this archive. It is filed here because the 1988, 1991 and 1995 Second Circuit opinions name Coonan as a defendant in the same racketeering prosecution. The opinion gives the arraignment as Thursday, April 2, without a year in that passage; the case was argued in May 1987.