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Case 21-770, Document 73, 05/27/2021, 3109708, Page16 of 24
the context of post-conviction bail proceedings, “given the findings that must be
made in order to warrant release, it is generally more appropriate that the motion be
made initially in the district court.” United States v. Hochevar, 214 F.3d 342, 344
(2d Cir. 2000) (per curiam); see Fed. R. App. P. 9(a) (providing for appeals from
detention orders); cf. generally Stack v. Boyle, 342 U.S. 1, 6 (1951) (explaining,
before passage of the Bail Reform Act, that “[t]he proper procedure for challenging
bail as unlawfully fixed is by motion for reduction of bail and appeal to the Court of
Appeals from an order denying such motion”). The Order Maxwell annexes to her
motion—an Order regarding security checks at the MDC (Mot. Ex. B)—is not a bail
determination, and Maxwell has not taken an appeal from that Order. See Fed. R.
App. P. 9(a) (requiring that a party appealing a detention order must file “a copy of
the district court’s order . . . as soon as practicable after filing the notice of appeal’’).
No bail determination is properly before this Court.
31. In any event, Maxwell’s “renewed motion” is substantively
meritless. This Court has already held that Judge Nathan did not commit clear error
in finding, three times, that the Government established by a preponderance of the
evidence that Maxwell is a risk of flight and no bail conditions could reasonably
assure her appearance in court. This Court has also concluded that Judge Nathan
did not abuse her discretion or clearly err in determining that Maxwell’s conditions
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00001456.jpg |
| File Size | 672.2 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 1,619 characters |
| Indexed | 2026-02-03 16:12:38.809712 |