Detention of Defendant While Gov't Appeals Suppression Order Upheld

U.S. v. Cos, 2006 WL 2821376 (10/4/06)(unpub'd) - While ignoring all but one of the defendant's arguments, the 10th upholds the court's order detaining the defendant while the government appeals the defendant's great suppression victory. The 10th says it's okay to downplay the significance of the fact that the district court had suppressed all the government's evidence against the defendant in deciding whether to detain him. On the good side, the 10th acknowledges that a prolonged detention, in this case more than 15 months, must be subjected to more careful scrutiny than when the initial detention decision is made, given due process considerations. The 10th remands the case to the d.ct. to conduct the due process analysis it failed to conduct.