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Case 21-58, Document 92, 05/27/2021, 3109708, Page15 of 24
abuse of discretion or clear error. See United States v. McCloud, 837 F. App’x 852,
853 n.3 (2d Cir. 2021).
B. Discussion
28. This Court has already affirmed Judge Nathan’s bail
determinations and denied Maxwell’s application for pretrial release. The only
changed circumstance since this Court rendered that decision—Judge Nathan’s
determination that the MDC’s nighttime security protocols do not interfere with
Maxwell’s ability to prepare for trial—does nothing to alter the conclusion that
Judge Nathan did not clearly err or abuse her discretion when denying Maxwell’s
prior bail applications.
29. Asan initial matter, it bears noting that Maxwell did not docket
a new appeal from any order entered by Judge Nathan. Instead, she filed her
“renewed motion” under the same docket as her initial appeal, thereby effectively
asking the same panel of this Court to reconsider its earlier decision. To the extent
this motion is construed as one for panel reconsideration, it is untimely under Federal
Rule of Appellate Procedure 40(a)(1) and Local Rules 40.1 and 40.2.
30. In addition, since this Court denied Maxwell’s bail appeal,
Maxwell has not filed a renewed motion for bail or temporary release in the District
Court based on any alleged changed circumstances. As this Court has explained in
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Dates
Document Details
| Filename | DOJ-OGR-00020373.jpg |
| File Size | 597.8 KB |
| OCR Confidence | 94.2% |
| Has Readable Text | Yes |
| Text Length | 1,383 characters |
| Indexed | 2026-02-03 19:55:20.322085 |