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Extracted Text (OCR)
CaSest: 20-80 0880HAEN Ie uUMéht/LOP 1 FAeadsas2272Ag ePage’41Gh12
person as required and the safety of any other person and the community.” 18 U.S.C. §
3142(c)(1)(B). The Court may order that the defendant be held without bail only if, after
considering the factors set forth in 18 U.S.C. § 3142(g), the Court concludes that “no condition
or combination of conditions will reasonably assure the appearance of the person as required and
the safety of any other person and the community.” 18 U.S.C. § 3142(e)(1).
After a court has made an initial determination that no conditions of release can
reasonably assure the appearance of the Defendant as required, the Bail Reform Act allows the
Court to reopen the bail hearing if “information exists that was not known to the movant at the
time of the hearing and that has a material bearing on the issue” of whether pretrial detention is
warranted. 18 U.S.C. § 3142(f). The Court is not required to do so if it determines that any new
information would not have a material bearing on the issue. See United States v. Raniere, No.
18-CR-2041 (NGG) (VMS), 2018 WL 6344202, at *2 n.7 (E.D.N.Y. Dec. 5, 2018) (noting that
“(a|s the court has already held one detention hearing, it need not hold another”); United States v.
Havens, 487 F. Supp. 2d 335, 339 (W.D.N.Y. 2007) (electing not to reopen a detention hearing
because the new information would not have changed the court’s decision to detain the defendant
until trial). In addition, the Court may also revisit its own decision pursuant to its inherent
authority, even when the circumstances do not match § 3142(f)’s statutory text. See, e.g., United
States v. Rowe, No. 02-CR-756 (LMM), 2003 WL 21196846, at *1 (S.D.N.Y. May 21, 2003)
(noting that “a release order may be reconsidered even where the evidence proffered on
reconsideration was known to the movant at the time of the original hearing.”); United States v.
Petrov, No. 15-CR-66 (LTS), 2015 WL 11022886, at *3 (S.D.N.Y. Mar. 26, 2015) (noting the
“Court’s inherent authority for reconsideration of the Court’s previous bail decision’’).
DOJ-OGR-00020195
Extracted Information
Document Details
| Filename | DOJ-OGR-00020195.jpg |
| File Size | 727.6 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 2,114 characters |
| Indexed | 2026-02-03 19:53:26.906885 |