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Case 21-770, Document 40-1, 04/12/2021, 3075763, Page15 of 25 ARGUMENT The District Court Properly Denied Maxwell’s Motions for Bail and Temporary Release 27. Judge Nathan did not clearly err when she determined that Maxwell is a risk of flight and that no conditions would reasonably assure her appearance in court. Nor did Judge Nathan abuse her discretion or clearly err by denying Maxwell’s request for temporary release. A. Applicable Law 28. In seeking pretrial detention, the Government bears the burden of showing, by a preponderance of the evidence, that the defendant poses a risk of flight, and that no condition or combination of conditions would reasonably assure her presence in court. See 18 U.S.C. § 3142(f); United States v. Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007). 29. Where the defendant is charged with certain offenses, including offenses involving a minor victim under 18 U.S.C. §§ 2422 or 2423, a statutory presumption arises “that no condition or combination of conditions will reasonably assure the appearance of the person as required... .” 18 U.S.C. § 3142(e)(3)(E). In such a case, the defendant “bears a limited burden of production—not a burden of persuasion—to rebut that presumption by coming forward with evidence that he does not pose a ... risk of flight.” United States v. Mercedes, 254 F.3d 433, 436 (2d 15 DOJ-OGR- 00001332