DOJ-OGR-00020002.pdf

--- Page 1 --- **Case 21-58, Document 39-2, 04/01/2021, 3068530, Page143 of 200** **k7e2MaxC kjc** **1 the United States Code, Section 3142, the court may order detention only if it finds that no conditions or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person in the community.** **2 detention only if it finds that no conditions or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person in the community.** **3 conditions will reasonably assure the appearance of the person as required and the safety of any other person in the community.** **4 as required and the safety of any other person in the community.** **5** **6 In making a bail determination the court must consider the defendant's dangerousness, if that's raised, and the defendant's risk of flight. A finding of dangerousness, if that were an issue, must be supported by clear and convincing evidence. A finding that a defendant is a flight risk must be supported by a preponderance of the evidence.** **7 the defendant's dangerousness, if that's raised, and the defendant's risk of flight. A finding of dangerousness, if that were an issue, must be supported by clear and convincing evidence. A finding that a defendant is a flight risk must be supported by a preponderance of the evidence.** **8 the defendant's dangerousness, if that were an issue, must be supported by clear and convincing evidence. A finding that a defendant is a flight risk must be supported by a preponderance of the evidence.** **9 that were an issue, must be supported by clear and convincing evidence. A finding that a defendant is a flight risk must be supported by a preponderance of the evidence.** **10 A finding that a defendant is a flight risk must be supported by a preponderance of the evidence.** **11 supported by a preponderance of the evidence.** **12 In a case such as this one, where the defendant is accused of certain offenses involving a minor victim, federal law requires that it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required. That's citing 18 U.S.C. 3142(a)(3).** **13 accused of certain offenses involving a minor victim, federal law requires that it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required. That's citing 18 U.S.C. 3142(a)(3).** **14 law requires that it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required. That's citing 18 U.S.C. 3142(a)(3).** **15 of the person as required. That's citing 18 U.S.C. 3142(a)(3).** **16 The Second Circuit has explained that, in a presumption case such as this, a defendant bears a limited burden of production, not a burden of persuasion, to rebut the presumption by coming forward with evidence that she does not pose a danger to the community or a risk of flight.** **17 The Second Circuit has explained that, in a presumption case such as this, a defendant bears a limited burden of production, not a burden of persuasion, to rebut the presumption by coming forward with evidence that she does not pose a danger to the community or a risk of flight.** **18 presumption case such as this, a defendant bears a limited burden of production, not a burden of persuasion, to rebut the presumption by coming forward with evidence that she does not pose a danger to the community or a risk of flight.** **19 burden of production, not a burden of persuasion, to rebut the presumption by coming forward with evidence that she does not pose a danger to the community or a risk of flight.** **20 presumption by coming forward with evidence that she does not pose a danger to the community or a risk of flight.** **21 pose a danger to the community or a risk of flight.** **22 Furthermore, once a defendant has met her burden of production relating to these two factors, the presumption favoring detention does not disappear entirely, but remains a factor to be considered among those weighed by the district court. But** **23 relating to these two factors, the presumption favoring detention does not disappear entirely, but remains a factor to be considered among those weighed by the district court. But** **24 detention does not disappear entirely, but remains a factor to be considered among those weighed by the district court. But** **25 be considered among those weighed by the district court. But** **SOUTHERN DISTRICT REPORTERS, P.C.** **(212) 805-0300** **DOJ-OGR-00020002**