1 17-676-cr United States v. Stanley Fuller 

### UNITED STATES COURT OF APPEALS FOR THE SECO ND CIRCUIT
SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007 , IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT = S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DA TABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NO T REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Co urthouse, 40 Foley Square, in the City of New York, on the 4 th day of May, two thousand seventeen.
Present: J OHN M. W ALKER , J R ., D EBRA A NN L IVINGSTON , G ERARD E. L YNCH , Circuit Judges

.

_____________________________________ U NITED S TATES OF A MERICA , Appellant , v. 17-676-cr
S TANLEY F ULLER , also known as W ARDY , also known as W EBO , Defendant-Appellee , K AMEL L AMBUS , also known as K AMEL A NGEVINE , also known as K, also known as K AMEL A NGENEVINE , S HAVONA T RAPPIER , also known as B OBBY , S HAKEEM P OWELL , also known as S HA , T YRAN T ROTTER , also known as T Y , also known as T ERRY , also known as T ERROR , S EAN B RABRAM , also known as G RINCH , also known as L YE , T YRONE T HOMAS , also known as P OP , F NU L NU , S COTT W ILLIAMS , E ARL D AVIS , also known as C HOICE , M ICHAEL S COTT , also known as R OSS , A NDRE2 M ITCHELL , also known as D RE , also known as B RIGHT , H ENRY C URRY , also known as J UNIOR , K ASH , Defendants

.

_____________________________________ For Appellant: M ARCIA H ENRY (David C. James, Lauren H. Elbert, on the brief), for Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Brooklyn, NY For Defendant-Appellee: J AMES K OUSOUROS , Law Offices of James Kousouros, New York, NY Appeal from an order of the United States Di strict Court for the Eastern District of New York (Weinstein, J .). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is AFFIRMED

. The Government appeals from a March 7, 2017 order of the United States District Court for the Eastern District of New York (Weinstein, J. ) granting defendant-appe llee Stanley Fuller bail pending trial. We assume the parties’ familiarity with th e underlying facts, the procedural history of the case, a nd the issues on appeal. As a general rule, we review a district court’s bail determination, including its determination as to the adequacy of pr oposed bail conditions, for clear error. See United States
v. Sabhnani , 493 F.3d 63, 75 (2d Cir. 2007). The Government has represented at oral argument that the record on appeal is complete, and thus the matter ripe for our determination. On the record before us, we conclude that the district court did not clearly err in determining that the conditions proposed by the defendant were sufficient to mitigate concerns about risk of flight and the danger the defendant presented to the commun ity, and that Fuller was therefore entitled to3 release on bail. Accordingly, we AFFIRM the judgment of the district court and DENY as moot the Government’s motion for a stay pendin g appeal. The mandate shall issue forthwith.
FOR THE COURT: Catherine O’Hagan Wolfe, Clerk