first seeking reconsideration in the trial court. Such appeals are to be
determined promptly.195
The courts of appeals differ on the standard for reviewing trial
court determinations under the Bail Reform Act. Though the articulation
of the standards varies from circuit to circuit, the various statements
of those standards may be summarized into three approaches.
The Second, Fourth, and Fifth Circuits are the most deferential to the
determinations of the district courts. The Second Circuit has indicated
that it will examine the district courts’ determinations for “clear error.”
196 This deference is applicable to the courts’ overall determination
as well as specific factual determinations.197 The Fourth Circuit’s
“clearly erroneous” standard is similar.198 The Fifth Circuit will affirm
the district court’s determination “if it is supported by the proceedings
below.”199
The First and Third Circuits take an intermediate approach. The
First undertakes an independent review, but with some deference to the
determinations made by the district court. This level of scrutiny is
“more rigorous than the abuse-of-discretion or clear-error standards,
but stopping short of plenary or de novo review.”200 The First Circuit
emphasizes that the scope of review is less deferential if the district
court does not provide detailed reasons for its decision.201 The court of
appeals is free to consider material not presented in the district