DOJ-OGR-00020196.pdf

If, as here, there is probable cause to find that the defendant committed an offense specifically enumerated in § 3142(e)(3), a rebuttable presumption arises “that no condition or combination of conditions will reasonably assure” the defendant’s appearance or the safety of the community or others. 18 U.S.C. § 3142(e)(3). In such circumstances, “the defendant ‘bears a limited burden of production . . . to rebut that presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight.’” United States v. English, 629 F.3d 311, 319 (2d Cir. 2011) (quoting United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001)); see also United States v. Rodriguez, 950 F.2d 85, 88 (2d Cir. 1991) (“[A] defendant must introduce some evidence contrary to the presumed fact in order to rebut the presumption.”). Nonetheless, “‘the government retains the ultimate burden of persuasion by clear and convincing evidence that the 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). III. Discussion The Defendant bases her third motion for bail on the Court’s inherent powers to review its own bail decisions, arguing that the new conditions she proposes warrant reconsideration of the Court’s earlier rulings. See Def. Mot. at 4. She also argues that the strength of the Government’s case is diminished in light of the arguments she advances in her pre-trial motions, which are currently pending before the Court. Id. at 7. Having considered those arguments, the 5 DOJ-OGR-00020196