DOJ-OGR-00020002.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page143 of 200 1 the United States Code, Section 3142, the court may order 2 detention only if it finds that no conditions or combination of 3 conditions will reasonably assure the appearance of the person 4 as required and the safety of any other person in the 5 community. 6 In making a bail determination the court must consider 7 the defendant's dangerousness, if that's raised, and the 8 defendant's risk of flight. A finding of dangerousness, if 9 that were an issue, must be supported by clear and convincing 10 evidence. A finding that a defendant is a flight risk must be 11 supported by a preponderance of the evidence. 12 In a case such as this one, where the defendant is 13 accused of certain offenses involving a minor victim, federal 14 law requires that it shall be presumed that no condition or 15 combination of conditions will reasonably assure the appearance 16 of the person as required. That's citing 18 U.S.C. 3142(a)(3). 17 The Second Circuit has explained that, in a presumption case such as this, a defendant bears a limited 18 burden of production, not a burden of persuasion, to rebut the 19 presumption by coming forward with evidence that she does not 20 pose a danger to the community or a risk of flight. 21 Furthermore, once a defendant has met her burden of production 22 relating to these two factors, the presumption favoring 23 detention does not disappear entirely, but remains a factor to 24 be considered among those weighed by the district court. But 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020002