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Extracted Text (OCR)
Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 8 of 22
abrogated on other grounds by United States v. O’Brien, 895 F.2d 810 (1st Cir. 1990). That
burden is “limited.” United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001). The
Defendant’s proffer of evidence and information—including information relating to her financial
conditions and her family ties to the United States, among other things—satisfies this limited
burden. As the Court discussed at the July 14, 2020 hearing, these factors bear on the question
of whether the Defendant poses a flight risk. And the evidence she advances in her renewed
motion for bail reasonably disputes the presumption that she poses a flight risk. In that sense,
this evidence is relevant to the ultimate determination and satisfies the relatively low threshold
imposed by the burden of production.
The presumption of flight does not disappear entirely, however, and it “remains a factor
to be considered among those weighed by the district court.” United States v. Mercedes, 254
F.3d 433, 436 (2d Cir. 2001) (quoting Martir, 782 F.2d at 1144). Asa result, “[a] judicial officer
conducting a detention hearing should, even after a defendant has come forward with rebuttal
evidence, continue to give the presumption of flight some weight by keeping in mind that
Congress has found that these offenders pose special risks of flight, and that ‘a strong probability
arises’ that no form of conditional release will be adequate to secure their appearance.” Martir,
782 F.2d at 1144 (citation omitted).
B. The new information does not alter the Court’s initial determination
When determining whether there are conditions of release that will reasonably assure the
appearance of the person as required, courts are required to consider the factors outlined in 18
U.S.C. § 3142(g). Thus, the Court considers (1) the nature and circumstances of the offense
charged, including whether the offense involves a minor victim, (2) the weight of the evidence,
(3) the defendant’s history and characteristics, and (4) the nature and seriousness of the danger to
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Document Details
| Filename | DOJ-OGR-00002240.jpg |
| File Size | 717.6 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,119 characters |
| Indexed | 2026-02-03 16:21:35.092600 |