DOJ-OGR-00020070.jpg

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Extraction Summary

5
People
3
Organizations
1
Locations
1
Events
0
Relationships
3
Quotes

Document Information

Type: Legal brief / memorandum of law (government filing)
File Size: 741 KB
Summary

This document is page 7 of a legal brief filed by the Department of Justice, seemingly in relation to a detention hearing. The text argues that defendants charged with sex trafficking of minors (18 U.S.C. §§ 2422 or 2423) face a presumption of detention because no conditions can assure their appearance or community safety. It cites various legal precedents (English, Mercedes, Petrov) to support the Government's position that the burden is on the defendant to rebut this presumption, and discusses the standards for reopening a detention hearing.

People (5)

Name Role Context
Defendant Accused
Unnamed in this specific page, but the subject of the detention argument; charged with offenses involving minor victi...
English Legal Precedent
Defendant in cited case United States v. English (2011).
Mercedes Legal Precedent
Defendant in cited case United States v. Mercedes (2001).
Petrov Legal Precedent
Defendant in cited case United States v. Petrov (2015).
Rowe Legal Precedent
Defendant in cited case United States v. Rowe (2003).

Organizations (3)

Name Type Context
Department of Justice (DOJ)
Document source (indicated by footer DOJ-OGR-00020070) and likely the filing party (Government).
United States District Court (S.D.N.Y.)
Jurisdiction mentioned in case citations.
Second Circuit Court of Appeals (2d Cir.)
Appellate court mentioned in case citations.

Timeline (1 events)

2020-06-22
Document filing date indicated in the header.
Court

Locations (1)

Location Context
Jurisdiction for the cited legal precedents.

Key Quotes (3)

"where, as here, a defendant is charged with committing an offense involving a minor victim under 18 U.S.C. §§ 2422 or 2423, it shall be presumed, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community."
Source
DOJ-OGR-00020070.jpg
Quote #1
"the defendant ‘bears a limited burden of production—not a burden of persuasion—to rebut that presumption by coming forward with evidence that he does not pose . . . a risk of flight.’"
Source
DOJ-OGR-00020070.jpg
Quote #2
"The act of producing such evidence, however, “does not eliminate the presumption favoring detention.”"
Source
DOJ-OGR-00020070.jpg
Quote #3

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