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Case 1:19-cr-00490-RMB Document 20 j782epsC kjc Filed 07/16/19 Page 18 of 24 18 1 traditional issues that we look at, the issues involved, let's 2 start with that, we believe we hav xtremely powerful motions 3 relating to the government seeking two bites at the apple and 4 for due process reasons, double jeopardy reasons, we don't 5 think that will stand. We also think fundamentally what's at 6 issue here is not trafficking. That's not why the statute was 7 passed. 8 The risk to others, what we have here is at least ten 9 years post incarceration in the State of Florida of conduct 10 that has never been challenged by anyone until now. The 11 registration requirements are onerous. He is under constant 12 surveillance. Law enforcement knows, if they choose to look, 13 exactly where he is at any time. 14 The risk of flight, what is true is from the moment of 15 Judge Marra's litigation in the Southern District of Florida, 16 the defendant knew that there would be challenges to the NPA. 17 From 2013 on, there were representations made in court that 18 that challenge was ongoing, and the defendant never sought to 19 flee, never anticipated a time when he would flee, continued to 20 live his law-abiding life. So the risk of flight, think, is 21 dramatically overstated in the government's presentation. 22 I think the traditional remedies that the court finds 23 appropriate in case after case -- a large cash bond; passport 24 relinquished; waiving extradition; a bracelet on; some form of 25 supervision that is adequate to guarantee his appearance, it SOUTH BRN DISTRICT R G PORT ERS, (212) 805-0300 DOJ-OGR-00000423