Can a federal district court deny bail for a defendant charged with a capital offence where the government is not seeking the death penalty?

This Court reached a similar conclusion in United States v. Kostadinov, 721 F.2d 411 (2d Cir.1983) ("Kostadinov"), in which the question was whether a provision authorizing the denial of pretrial bail for a person "charged with an offense punishable by death," 18 U.S.C. 3148 (Supp. IV 1969), authorized the district court to deny bail where the government was not seeking the death penalty. We upheld the denial of bail, ruling that "the purpose of the `capital case' distinction in the bail statute derives from the nature of the offense with which a given defendant is charged and not from the potential severity of the punishment." 721 F.2d at 412 (emphasis added) (other internal quotation marks omitted).