§ 3143. Release or detention of a defendant pending sentence or appeal

• (a)
  • (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
  • (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
    • (A)
      • (i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
      • (ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
    • (B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
• (b)
  • (1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—
    • (A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and
    • (B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
      • (i) reversal,
      • (ii) an order for a new trial,
      • (iii) a sentence that does not include a term of imprisonment, or
      • (iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.
  • (2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
• (c) The judicial officer shall treat a defendant in a case in which an appeal has been taken by the United States under section 3731 of this title , in accordance with section 3142 of this title , unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection (b) of this section, the judicial officer, in a case in which an appeal has been taken by the United States under section 3742, shall—
  • (1) if the person has been sentenced to a term of imprisonment, order that person detained; and
  • (2) in any other circumstance, release or detain the person under section 3142.