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Extracted Text (OCR)
Case 21-58, Document 92, 05/27/2021, 3109708, Page14 of 24
“the weight of the evidence against the person”; and (3) the “history and
characteristics of the person.” 18 U.S.C. § 3142(g).
26. This Court 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.
27. 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
determines such release to be necessary for preparation of the person’s defense or
for another compelling reason.” 18 U.S.C. § 3142(i). The defendant bears the
burden of showing that temporary release is necessary. See United States v.
Scarborough, 821 F. App’x 598, 600 (6th Cir. 2020); United States v. Belardo, No.
20 Cr. 126 (LTS), 2020 WL 1689789, at *2 (S.D.N.Y. Apr. 7, 2020). This Court
has not resolved whether it reviews a district court’s temporary release decision for
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00020372.jpg |
| File Size | 645.8 KB |
| OCR Confidence | 93.5% |
| Has Readable Text | Yes |
| Text Length | 1,541 characters |
| Indexed | 2026-02-03 19:55:20.557408 |