United States v. Montalvo-Murillo

In United States v. Montalvo-Murillo, 495 U.S. 711, 110 S.Ct. 2072, 109 L.Ed.2d 720 (1990), the Court examined a provision of the Bail Reform Act, 18 U.S.C. Sec. 3142, which required that a suspect held in pretrial custody on federal criminal charges be detained only after a judicial officer conducted an immediate hearing. 495 U.S. at 714, 110 S.Ct. at 2075. The Court held that, consistent with the "design and function" of the act, a failure to comply with the act's mandatory prompt hearing provision did not defeat the government's authority to seek detention. Id. at 719, 110 S.Ct. at 2078. Rather, once the government had discovered that the time limit for the hearing had expired, it could have asked for a prompt hearing and proceeded according to the other requirements of the act. Id. at 721, 110 S.Ct. at 2079.