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defendant’s release. 18 U.S.C. § 3142(g). “The weight afforded to each factor under section
3142(g) is within the ‘special province’ of the district court.” United States v. Paulino, 335 F.
Supp. 3d 600, 610 (S.D.N.Y. 2018) (quoting United States v. Shakur, 817 F.2d 189, 196 (2d Cir.
1987)).
“The rules concerning admissibility of evidence in criminal trials do not apply to the
presentation and consideration of information at the [release/remand] hearing.” 18 U.S.C. §
3142(f)(2) (emphasis added). For example, the Government is entitled to present evidence
supporting remand by way of proffer, among other means. 18 U.S.C. § 3142(f)(2); see also
United States v. LaFontaine, 210 F.3d 125, 131 (2d Cir. 2000) (“bail hearings are typically
informal affairs, not substitutes for trial or even for discovery”). 18 U.S.C. § 3142(f)(2)(B)
expressly states that the Federal Rules of Evidence do not apply at bail hearings; thus, courts
often base detention decisions on hearsay evidence. United States v. Abuhamra, 389 F.3d 309,
321 n.7 (2d Cir. 2004) “District courts [are afforded] wide discretion regarding the scope of such
hearings... .” United States v. Bartok, 472 F. App’x 25, 27 (2d Cir. 2012).
E. The Presumption of Remand in 18 U.S.C. § 1591 Cases
A 18 U.S.C. § 1591 case involving sexual victimization of a minor is unusual in that it
includes a presumption in favor of pretrial detention, reflecting the significant harm caused by
such a crime. 18 U.S.C. § 3142(e)(3)(E). The presumption is that no condition or combination of
conditions will reasonably assure against flight or danger to the community. United States v.
English, 629 F.3d 311, 319 (2d Cir. 2011) (quoting 18 U.S.C. § 3142(e)(3)(E)). Mr. Epstein may
rebut the presumption by “coming forward with evidence that he does not pose a danger to the
community or a risk of flight.” United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001). The
Government retains the “ultimate burden of persuasion” that Mr. Epstein presents a danger to the
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