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Case 1:20-cr-00330-AJN Document18 Filed 07/10/20 Page 15 of 26 2020 WL 3536277, at *4—5 (2d Cir. June 30, 2020). Although the presumption “remains a factor to be considered” even after the defendant has met her burden of production, “[a]t all times . . . the government retains the ultimate burden of persuasion by . . . a preponderance of the evidence” that the defendant poses a flight risk that cannot be addressed by any bail conditions. English, 629 F.3d at 319 (citation and internal quotation marks omitted); see also United States v. Deutsch, No. 18-CR-502 (FB), 2020 WL 3577398, at *5 (E.D.N.Y. July 1, 2020). And regardless of the presence of the presumption or the nature of the charges alleged, “[n]othing in this section [3142] shall be construed as modifying or limiting the presumption of innocence.” 18 U.S.C. § 3142(j); see also United States v. Crowell, No. 06-CR-291E(F), 2006 WL 3541736, at *3 (W.D.N.Y. Dec. 7, 2006) (those charged with crimes involving minors “continue to enjoy the presumption of innocence in setting conditions of release.”). B. Ms. Maxwell Has Rebutted the Presumption That She Poses a Flight Risk, and the Government Has Not Carried Its Burden That No Combination of Conditions Can Be Imposed To Reasonably Assure Her Presence In Court The government has not carried its burden of establishing that no set of conditions will reasonably assure Ms. Maxwell’s appearance in court. As set forth below, Ms. Maxwell’s personal history, her family and other ties to this country, and her conduct prior to her arrest easily rebut the presumption that she presents a risk of flight. For these same reasons, the government cannot establish that the strict bail conditions she proposes, which are consistent with a number of cases in this Circuit in which courts have ordered release, will not “reasonably assure” her presence in court. Accordingly, the Court should order Ms. Maxwell released pursuant to her proposed conditions. 11 DOJ-OGR-00001595