In a disorderly conduct prosecution, an order requiring defendant to be shackled at his pretrial appearance is vacated and the matter is remanded to a district judge outside the Eastern District of California to conduct an evidentiary hearing regarding the present shackling practice, to determine whether the action was moot.

Read US v. Brandau, No. 06-10512

Appellate Information

Argued and Submitted April 15, 2009

Filed August 21, 2009

Judges

Opinion by Judge Reinhardt

Counsel

For Appellants:

Robert Warren Rainwater, Eugene, OR

For Appellee:

Stanley Albert Boone, United States Attorney, Fresno, CA

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