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Criminal Law

: Tenth Circuit Blog

Detention Order Affirmed in Child Abuse Case

By Shari Allison

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US v. Begay, No. 09-211 (Feb. 18, 2009) (unpublished): The Tenth Circuit affirms the district court's decision to detain the defendant pending trial. Defendant was charged with assault with intent to do bodily harm to his nine-month-old daughter (the indictment alleges fracturing her skull, injuring her eye, and breaking her arm, legs and ribs). The magistrate judge concluded at the detention hearing that Mr. Begay was a danger to the community but conditions could be placed to ensure safety. Accordingly, the magistrate ordered Mr. Begay be placed in supervised release at La Posada Halfway House. The government appealed to the district court, which ordered detention. Defendant appealed to the Court of Appeals, which concluded that the district court's decision was supported by the evidence...continue to full post

Full post as published by Tenth Circuit Blog on February 20, 2009 (boomark / email).

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