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Extracted Text (OCR)
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page16 of 25
Cir. 2001). Even where a defendant produces sufficient evidence to rebut the
statutory presumption of detention, the presumption does not disappear; instead, it
becomes a factor to be weighed and considered in deciding whether release is
warranted. /d.
30. Where the Government seeks detention based on flight risk, the
court must consider: (1) “the nature and circumstances of the offense charged”; (2)
“the weight of the evidence against the person”; and (3) the “history and
characteristics of the person.” 18 U.S.C. § 3142(g).
31. This Court generally applies “deferential review to a district
court’s order of detention.” United States v. Watkins, 940 F.3d 152, 158 (2d Cir.
2019). It reviews for clear error the district court’s findings regarding risk of flight
and whether the proposed bail package would reasonably assure the defendant’s
appearance in court, see United States v. English, 629 F.3d 311, 319 (2d Cir. 2011);
United States v. Shakur, 817 F.2d 189, 196 (2d Cir. 1987), and will reverse only if
by
“on the entire evidence,” it is “left with the definite and firm conviction that a
mistake has been committed,” Sabhnani, 493 F.3d at 75.
32. Once a defendant has been ordered detained, a judicial officer
may “permit the temporary release of the person, in the custody of a United States
marshal or another appropriate person, to the extent that the judicial officer
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00001333.jpg |
| File Size | 621.4 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 1,476 characters |
| Indexed | 2026-02-03 16:11:32.353315 |