United States v. Hanzlicek ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAR 5 1997
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 97-5016
(D.C. No. 96-CR-115-BU)
KAREN HANZLICEK, also known as (N.D. Okla.)
Karen Pearl Hanzlicek,
Defendant-Appellant.
ORDER AND JUDGMENT
Before KELLY, BRISCOE, and MURPHY, Circuit Judges.
Defendant Karen Hanzlicek appeals the district court’s order detaining her
pending trial. Detention of a defendant pending trial is governed by 18 U.S.C.
§ 3142 of the Bail Reform Act. The district court found that there is a serious
risk that the defendant will flee. See 18 U.S.C. § 3142(f)(2)(A). It also found
that no condition or combination of conditions would reasonably assure the
appearance of the defendant and the safety of the community if defendant were
released pending trial. See 18 U.S.C. § 3142(e).
We review a district court’s pretrial detention order de novo as to mixed
questions of law and fact concerning the detention, accepting the district court’s
findings of historical fact which support that decision, unless they are clearly
erroneous. See United States v. Kinslow, 105 F.3d 555, 557 (10th Cir. 1997).
Based on our review of the record and the briefs on appeal, we conclude that the
district court’s factual findings underlying its detention order are not clearly
erroneous, and that it did not err in finding that defendant posed a serious risk of
fleeing and that no condition or combination of conditions would reasonably
assure her appearance or the safety of the community if she was released.
Accordingly, the order of the United States District Court for the Northern
District of Oklahoma detaining defendant pending trial is AFFIRMED.
Entered for the court
Mary Beck Briscoe
Circuit Judge
-2-
No. 97-5016, United States v. Hanzlicek
KELLY, Circuit Judge, dissenting:
I dissent.