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be N Ww ws Oo OY ~] oO Ke) a fan) = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 21-770, Document 20-2, 04/01/2021, 3068530, Page143 of 200 k7e2MaxC kjc the United States Code, detention only if 3 C Sec inds conditions will reasonably tion 3142, the c that no conditio assure the appea as required and the safety community. the defendant's dangerousness, i de fendant's risk of F 1 ight. that were an issue, evidence. A of any other per f that's ra A finding of dangerousness, if 80 ourt may order ns or combination of rance of the person son in the In making a bail determination the court must consider ised, and the must be supported by clear and convincing finding that a defendant is a flight risk must be supported by a preponderanc accused of certain of law requires In a case such as this one, of the evidenc Cs wher the defendant is federal fenses involving a minor victim, that it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of The Second Circuit has exp presumption case such as this, burden of production, the person as required. not a forwa That's citing 1 lained t a defendant burden of persu rd with evidence presumption by coming pose a danger to the communi Furthermore, once a defenda relating to these two detention does not disappear entirely, be considered among those weighed by the district court. facto 8 U.S.C. 3142 (a) (3). hat, ina bears a limited asion, to rebut the that she does not ty or a risk of flight. nt has met her burden of production rs, the presumption favoring but remains a factor to But SOUTH ERN DIST RICT REPORTERS, (2 12) 805-0300 P a Gs DOJ-OGR-00001084