Professional Documents
Culture Documents
____________________
No. 92-1126
No. 92-1129
UNITED STATES,
Appellee,
v.
PETER KATTAR,
Defendant, Appellant.
____________________
No. 92-1127
UNITED STATES,
Appellee,
v.
SAYED HACHEM,
Defendant, Appellant.
____________________
No. 92-1128
UNITED STATES,
Appellee,
v.
DAVID ABDOO,
Defendant, Appellant.
__________________
____________________
____________________
Per Curiam.
__________
Peter
Kattar, Sayed Hachem and David Abdoo appeal from the decision
of
the United
Massachusetts
States
District Court
denying their
requests
for
the District
for
release
of
pending
trial.
BACKGROUND
__________
Appellants
defendants,
violation
were
on charges
indicted, along
of conspiring
of 21 U.S.C.
963.
with
nine other
to import
hashish in
Kattar and
hashish
involved
government
3142(f).
and
violation of 21 U.S.C.
moved
The amount
approximately three
to detain
appellants
tons.
under
The
18 U.S.C.
Hachem on
September 4, 1991.
magistrate judge
all three
As
for Abdoo,
that no
was
864.1
the same
9, November 27,
that
combination of conditions
of release
He also
as to
appeal to
each
the trial
appellant.
The
judge, new
trial judge
hearings were
upheld
the
____________________
1. In a separate indictment, Kattar was charged with money
laundering in violation of 18 U.S.C.
1956(a)(3).
-3-
detention
orders
addition,
flight as
well as a danger
judge did
hearings
entered
reveal that
by
the
magistrate
to the community.
he clearly
judge;
in
Although the
transcripts of the
articulated the
facts and
the magistrate
as
now
standard
O'Brien,
_______
appellate
factbound
by
of
well-settled
review
which
895
courts
F.2d 810,
are
we
employ
nonetheless
practical
matter,
to
882-83
1990).
and made
(1st
an
gives
See United
___ ______
Cir.
to
1990).
resolve
the
United States v.
______________
(1st Cir.
814
"ill-equipped
determinations."
evidence
that
v.
Because
is
Where the
carefully detailed
lower
court's
factual
Tortora, 922
_______
F.2d 880,
trial court
has taken
findings, as
in this
case,
the
degree of
guidelines
deference is
in mind, we turn
heightened.
to the merits
With these
of the detention
orders.
THE DISTRICT COURT'S FINDINGS
_____________________________
The grand jury indictment, which gave
the district
-4-
or
more
U.S.C.
for violating
Controlled
contained in
F.2d
the
1412,
rebuttal
3142(e).
1416
by
the
(1st
Substances Act,
person,
it
21
1991).
v. Dillon,
______
Thus,
shall
be
938
"[s]ubject to
presumed
that
no
the community.
. . ."
persuasion remains
retains
evidentiary
on
as required and
18 U.S.C.
3142(e).
the government
weight where,
the safety of
and
as here
The burden of
the
presumption
and as
in most
cases, the
defendants come
evidence.
See
___
forward
with "some"
refutatory
for
risk
of
establish by a preponderance
flight,
the
government
must
set of
948 F.2d
of flight determinations);
To measure whether
this
district court
burden, the
is required
of the
circumstances
evidence
of
characteristics
of
as to
guilt;
the
crime
the
accused,
Dillon,
______
to take
3142(g):
(2) the
charged;
including
and
into
(1) the
nature
and
(3)
the
community
and
-5-
family
ties,
employment.
past
history,
financial
resources
and
(1)
presented by
the
the
United
States
Customs
investigation occurred
over a period
and
of
involved
undercover
the use
electronic
Service.
of more than
a confidential
of whom had
the
one year
informant
and an
surveillance,
including
the
interception
This
and
The district
admissable at trial
does
for pre-trial
not
preclude their
decisions.
(2)
bail
conspiracy.
He
acted
is a
consideration
Lebanon.
bank account
as
the
organizer
United States
of
citizen.
the
alleged
He has
two
there.
Hachem
-6-
is
a citizen
of
Lebanon,
although
years as a resident
Hachem, he
alien.
had sufficient
political contacts in
made by
Lebanon to
these
contacts
and
others,
Kattar
a resident of Vermont,
had
Abdoo,
If
on a monthly basis.
shipment
advanced $100,000.
on two occasions.
fact,
hashish
In
he personally
oversaw
the initial
packaging of
the
hashish.
As a result
Lebanon in May 1991.
approximately
packed
and
600
barrels were
housed.
in which
The hashish
was
Lebanese spices.
the
magistrate
judge, the
three
tons
of
Individual Characteristics
__________________________
-7-
(a)
longstanding
Kattar.
______
Contrary to
business.
Nonetheless, the
employment
was
activities.
"in
In
no
addition
judge determined
small part"
to the
that Kattar
that Kattar's
connected
to
illegal
drug trafficking
scheme,
intended to act
as an
arms
importer.
a foreign
indicated that
he could.
subsequent
would be
securing the
weapons requested
by the
agent.
The
contacts and
exit from this
judge
knowledge
than one
country
that
Kattar
had
concerning ways
country and
found
to
Although
occasion, that
he would
should he be apprehended.
sixty-one
surreptitiously
flee to Lebanon.
years
of
age,
not
stated, on
not remain
in this
international
faces,
convicted,
what
-8-
(b)
Hachem.
______
Like
Kattar, the
judge found
that
In addition,
he be convicted,
prison term.
as a resident
would be faced
Thus,
with
Abdoo.
_____
In so finding,
Abdoo's claim that he had withdrawn from the drug deal before
the
that
shipment arrived
in Boston.
The
government contended
supported a
finding that
Abdoo was
of the
reflected
access
two
Canadian operations,
to
non-public
sources
the judge
of
found,
information
-9-
The
evidence,
Nonetheless,
the
the
judge
concluded, was
undercover agent
Kattar's
source
silence,
Abdoo
of
that
The
essentially
conflicting.
Kattar had
arms.
too
identified Abdoo
court
had
noted
that by
"ratified"
as
his
Kattar's
presented
testimony
individuals
with
These
him.
and
affidavits
from
individuals attested
to Abdoo's
general
standing as
stated
a respected
that Abdoo
given the
would
fact that
he
businessman.
not flee
runs two
They generally
if released,
especially
successful businesses
in
Vermont.
The judge acknowledged that the decision whether to
detain Abdoo pending
the
one hand,
history
impact
trial presented a
Abdoo had
of drug
or
no prior
those who
criminal history
alcohol abuse;
close question.
his
positive.
and no
reputation in
On
On
and
of the
the seriousness of
government's
case against
Abdoo's "public
-10-
that there
were no
reasonably assure
amounts
of
cash
supported
finding
that
Abdoo
flee.
He offers to turn
over his
next
resources.
contends
that
Because the
he
has
no
first (and,
available
he claims,
financial
only) drug
could
raise the
as security, there is no
amount
of money
those of
likelihood that
needed to
flee.
In
addition,
he avers that as
a result of
the first
shipment, there
is no existing
on one
occasion,
drug organization
for his prior trips
As
the interception of
the
urging of
either
undercover agent.
the
Finally, he
to trial in a
-11-
with
adequately
his ten-year
the absence
rebuts the
residency in
of significant
presumption
of
the
financial
flight.
In
aid from
Without
Kattar's organization
his passport
which Hachem,
and
like
did not
produce
flight.
and
He points to
fund a departure,
for
As
risk of
community ties
was no support
crime in
Canada.
nothing more
deal
Rather, he
than monies
from which
court erred in
becoming available to
Abdoo withdrew."
finding that no
reasonably assure
Thus, Abdoo
finance one
states, the
conditions of release
his appearance
at trial.
"shows
would
Finally, Abdoo
argues that his rights to due process and a speedy trial will
be violated if he is detained
number
of
audiotapes
of
pending trial.
surveillance
Because of the
and the
voluminous
-12-
We
find
that
the
factors
favoring
detention
community and family ties, his own words render him a risk of
flight.
he previously
change
our
offense
The
required when
penal
does not
consequences of
that
for flight.
This is
not outbalanced
by
presents a
reasonably
supported
by the
history and
is
evidence.
We
presence
are
gravity
Abdoo
a
of
the
at
mindful of
think
charges
and
trial
his
was a central
past
figure in
which
tons of hashish.
the
is
Nonetheless, this
criminal enterprise
government's case,
We
Abdoo's
and organizing
successful in
the
assure
drug case.
case, we
no ordinary
financing
closer
Given
strength
was
of
the
is pronounced.
claims, that
it is
speculation,
whether
too
his
early to
pretrial
ascertain, without
incarceration
undue
will
be
-13-
In sum,
all three
we find
appellants were
indicates that
kind of
"highly
contained
in
3142(e)
reflects
Congress's
See
___
17 (1st
Cir. 1987)
district
court
appellants'
would
did not
proffer of
reasonably
Because
(per curiam).
we conclude
err
in
Thus,
determining that,
evidence,
assure
we hold that
their
that detention
no conditions
appearance
as
is required
the
despite
of release
required.
to prevent
danger to the
community.
Cf.
___
United States v.
______________
-14-