Fifth Circuit: USA v. Emakoji

 

Court's order requiring an in-person appearance at arraignment is not subject to interlocutory review under the criminal collateral order rule.

Court's requirement that the deft secure housing within the district of the court was a reasonable amendment to the release conditions, given the deft's reluctance to travel during a time of pandemic disease.  Due Process did not require a hearing, or a finding of a violation of the prior conditions.

Concur/dissent: a requirement to secure new housing four days before an arraignment with presumptive incarceration isn't ripe for review, as a subsequent release condition wouldn't be a modification but a new finding.

Dicta: Court did not sufficiently take into account administrative determination that in-person hearings presented a danger. 


USA v. Emakoji