Release or detention of a defendant pending sentence or appeal

Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).

(Added Pub. L. 98–473, title II, § 203(a) , Oct. 12, 1984 , 98 Stat. 1981 ; amended Pub. L. 98–473, title II, § 223(f) , Oct. 12, 1984 , 98 Stat. 2028 ; Pub. L. 99–646 , §§ 51(a), (b), 55(a), (d), Nov. 10, 1986 , 100 Stat. 3605–3607 , 3609; Pub. L. 100–690, title VII, § 7091 , Nov. 18, 1988 , 102 Stat. 4410 ; Pub. L. 101–647, title IX, § 902(a) , (b), title X, § 1001(a), Nov. 29, 1990 , 104 Stat. 4826 , 4827; Pub. L. 102–572, title VII, § 703 , Oct. 29, 1992 , 106 Stat. 4515 .)