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18 U.S. Code § 3143. Release or detention of a defendant pending sentence or appeal
(a)Release or Detention Pending Sentence.—
(1)
Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to 28 U.S.C. 994 does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
(A)
(i)
the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii)
an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B)
the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.