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Case 21-58, Document 92, 05/27/2021, 3109708, Page17 of 24
of confinement do not warrant temporary release. Nothing in Maxwell’s renewed
motion alters that conclusion.
32. “Asa general matter, this Court will adhere to its own decision
at an earlier stage of the litigation.” United States v. Plugh, 648 F.3d 118, 123 (2d
Cir. 2011). The “law of the case doctrine is subject to limited exceptions made for
compelling reasons,” such as where there is “an intervening change of controlling
law, the availability of new evidence, or the need to correct a clear error or prevent
manifest injustice.” Jd. at 123-24; see also United States v. Tenzer, 213 F.3d 34,
39 (2d Cir. 2000) (“We have stated that we will not depart from this sound policy
absent cogent or compelling reasons.”). Maxwell has offered no persuasive reason,
let alone a “compelling” reason, Plugh, 648 F.3d at 123, for this Court to reverse its
prior decision.
33. The only new events that Maxwell cites as justification for her
request that this Court reverse itself is additional letter briefing before the District
Court regarding MDC’s nighttime security checks. Nothing about that briefing or
Judge Nathan’s most recent written order suggests that Judge Nathan clearly erred
when finding Maxwell poses a flight risk or abused her discretion when determining
that temporary release is not warranted.
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Dates
Document Details
| Filename | DOJ-OGR-00020375.jpg |
| File Size | 597.6 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 1,389 characters |
| Indexed | 2026-02-03 19:55:22.667434 |