The Tenth Circuit has noted that a district court is not required to consider the
length of pretrial detention when making its initial detention decision, but that after some
period of detention it may be appropriate to reopen the detention hearing to consider the
due process considerations of any future detention. United States v. Cos, 198 Fed. Appx.
727, 733 (10th Cir. 2006). If the hearing is reopened, in analyzing any due process claims,
the court is to consider three factors: (1) length of confinement and any non-speculative
expected confinement; (2) the Government’s responsibilities for delays in the
proceedings; and (3) the strength of the evidence supporting detention. See also United
States v. Cos, No. CR 05-1619-JB, 2006 WL 4061168 at * 3 (D.N.M. Nov. 15, 2006).11