Opinion · Court of Appeals for the Ninth Circuit
Bennett Gordon Iler v. United States
Bennett Gordon Iler v. United States, 433 F.2d 8 (9th Cir. 1970)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1970-10-19
- Topic
- general
How later courts describe this case
- probation officers and court-appointed psychiatrists serve a quasi- 9 judicial function and are thus entitled to absolute immunity
Citator
UpLaw has not yet analyzed Bennett Gordon Iler v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 3 opinions
Appellant has applied to this court for bail pending appeal. Prior to his conviction on two counts charging violations of 18 U.S.C. § 152 (transfer of assets in contemplation of bankruptcy), appellant was at liberty on his personal recognizance.
The district court denied bail pending appeal on the ground that it would be inconsistent with the obtaining of a study on appellant pursuant to 18 U.S.C. § 4208(b) and (c).
A defendant may not be denied release from custody pending appeal because of the district court’s desire to obtain a report under that statute. See Corey v. United States, 375 U.S. 169, 173, 84 S.Ct. 298, 11 L.Ed.2d 229 (1963). The United States does not oppose release of appellant pending appeal and, in fact, has called our attention to the Corey decision.
This matter is remanded to the district court for entry of an order releasing appellant upon his own recognizance, subject to such reasonable conditions as the district court may require. The present stay of the commitment of appellant shall remain in effect until appellant has been so released from custody.