1

 The Honorable Reena Raggi, who had originally been assigned to this panel, recused

herself. The remaining two members of the panel decide the matter pursuant to Second Circuit

Internal Operating Procedure E(b).

12-1582-cr

United States v. Mehmeti

UNITED STATES COURT OF APPEALS

FOR THE SECOND 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 DATABASE (WITH THE

NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY

OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the

Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York,

on the 9th day of July, two thousand twelve,

Present: ROSEMARY S. POOLER,

GERARD E. LYNCH,

Circuit Judges.

1

_____________________________________________________

UNITED STATES OF AMERICA,

Appellee,

 -v- 12-1582-cr

GJAVIT THAQI, AKA DOC, ARIF KURTI, AKA THE BEAR,

AKA ARTY, AKA NINO, GJEVALIN BERISHA, AKA JEV,

CARLOS ALVAREZ, AKA THE KID, SHEKELQIM

BAKRAQI, AKA JUICEHEAD, AKA AVINA, ROBERT

BONURA, JOSEPH BUX, AGENT OF TRAILER, AKA

TRASH, AKA JO-JO, ALEJANDRO CALDERIN, JOHN

CEKAJ, MARTINO CEKAJ, AKA MARTY, GIOVANNI

DIFUCCIA, BRIAN DUBLYNN, AKA BIG BRIAN, AKA

BRIAN DUBBS, AVRY EBRAHIME, AKA ARTY, HECTOR

FLORES, ANTHONY GATT, AKA GAKK, ANGELO

GERMANO, AKA FAT ANGE, JETON GJIDIJA, AKA TONY

G, HAMZA HAMIDEH, AKA JIMMY, PERRY IEROPOLLI,

AKA JUNIOR, AL KARAQI, LEE KARAQI, ROBERT

KARAQI, HASAN KURTI, AKA OZZIE, IBRAHIM KURTI,
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AKA BIG BRIAN, NICHOLAS KYRIACOPOULOS, BAJRAM

LAJQI, AKA BRIAN LAJQI, AKA VAN DAMME, SELMAN

LAJQI, AKA SIMON, ALESSANDRO LATINO, LAURETTA

LOKAJ, NIKOLA LUKAJ, AKA NICK, FRANK MAHONEY,

AKA FRESH, NICHOLAS MASI, DAVID MCLEAN, FAIK

MEHMETI, AKA FRANK NITTI, NEFAIL MEHOVIC, AKA

NEF AND LITTLE GUY, VALTER MEMIA, AKA PAVLO

CODENOTTI, ALBERTO MERCADO, AKA FAT BOY,

FABIAN MIHAJ, AKA PASHKA LUNAJ, MAGDALENA

NIKOLLAJ, AKA MAGDALENA KARAQI, MAL REXHA,

DARIUS RIVERA, ROBERT RUDAJ, AKA DOKA RUDAJ,

FADIL SALAJ, BRENT SAPERGIA, LANCE SCHONER,

LESTER ZABORSKI, AGRON ZENELAJ, AKA PADDY, AKA

JIMMY,

Defendants,

FATMIR MEHMETI, AKA LUCKY,

Defendant-Appellant.

_____________________________________________________

Appearing for Appellant: Alan S. Futerfas (Ellen B. Resnick, on the brief), New York, N.Y.

 

Appearing for Appellee: Gina M. Parlovecchio, Assistant United States Attorney (of

counsel) (Amy Busa, Steven L. Tiscione, Assistant United States

Attorneys (of counsel), on the brief) (Loretta E. Lynch, United

States Attorney for the Eastern District of New York), Brooklyn,

N.Y.

Appeal from an order of the United States District Court for the Eastern District of New

York (Irizarry, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,

AND DECREED that the order of said District Court be and it hereby is AFFIRMED. 

Fatmir Mehmeti has filed an interlocutory appeal from the district court’s order detaining

him pending trial. We assume the parties’ familiarity with the underlying facts, procedural

history, and specification of issues for review.

Section 3142 of Title 18 of the United States Code requires that a defendant be detained

pending trial where, “after a hearing pursuant to the provisions of [18 U.S.C. § 3142(f)], the

judicial officer finds that no condition or combination of conditions will reasonably assure the

appearance of the person as required and the safety of any other person and the community.” 18

U.S.C. § 3142(e)(1). “The facts the judicial officer uses to support a finding pursuant to
3

subsection (e) that no condition or combination of conditions will reasonably assure the safety of

any other person and the community shall be supported by clear and convincing evidence.” 18

U.S.C. § 3142(f)(2).

“We review for clear error the historical facts upon which a district court relies in

determining whether a defendant poses a risk to the community.” United States v. Ferranti, 66

F.3d 540, 542 (2d Cir. 1995). “Our scope of review is slightly broader with respect to the

ultimate determination that a defendant does, or does not, present a risk to the citizenry.” Id.

(internal quotation marks omitted).

We are unable to conclude that the district court improperly ordered that Mehmeti be

detained pending trial in light of the district court’s reasonable conclusion that he posed a danger

to the community.

Accordingly, the order of the district court hereby is AFFIRMED.

FOR THE COURT:

Catherine O’Hagan Wolfe, Clerk