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Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 4 of 22
defendant presents a danger to the community,’ and ‘by the lesser standard of a preponderance of
the evidence that the defendant presents a risk of flight.’” English, 629 F.3d at 319 (quoting
Mercedes, 254 F.3d at 436); see also United States v. Martir, 782 F.2d 1141, 1144 (2d Cir. 1986)
(“The government retains the burden of persuasion [in a presumption case].”). Even when “a
defendant has met his burden of production,” however, “the presumption favoring detention does
not disappear entirely, but remains a factor to be considered among those weighed by the district
court.” United States v. Mattis, 963 F.3d 285, 290-91 (2d Cir. 2020).
After a court has made an initial determination that no conditions of release can
reasonably assure the appearance of the Defendant as required, the Court may 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). But the Court is not required to reopen the hearing or to conduct another hearing 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” the standards set forth in 18 U.S.C. § 3142(f)(2) are met); 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).
Il. Discussion
The Defendant bases her renewed motion for bail on both 18 U.S.C. § 3142(f) and the
Court’s inherent powers to review its own bail decisions. See Def. Mot. at 7-9. As already
noted, § 3142(f) provides that a bail hearing “may be reopened . . . at any time before trial if the
judicial officer finds that information exists that was not known to the movant at the time of the
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Document Details
| Filename | DOJ-OGR-00002236.jpg |
| File Size | 723.6 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 2,153 characters |
| Indexed | 2026-02-03 16:21:32.421008 |