Whether a judicial officer may order pretrial detention without finding that the defendant falls into one of the 'serious' cases in which Congress has authorized a detention hearing

QUESTIONS PRESENTED Under the Bail Reform Act of 1984, a judicial officer may order pretrial detention only if, after a hearing, the judicial officer finds that no condition or combination of conditions would reasonably assure the presence of the defendant and the safety of any person or the community. 18 U.S.C. § 3142(e)(1). The Act authorizes detention only for certain of the “most serious” charges and certain other “serious” cases, and in that way carefully limits the circumstances in which pretrial detention is authorized. See United States v. Salerno, 481 U.S. 739, 747 (1987) (citing 18 U.S.C. § 3142(f)). This case presents two questions: 1. May a judicial officer order an accused person detained pending trial without determining that the person falls into one of the “serious” cases in which Congress has authorized a detention hearing? 2. If so, may a judicial officer order that person detained without addressing whether release conditions might mitigate any flight risk or danger, particularly when Pretrial Services has interviewed the defendant and recommended release with conditions?