DOJ-OGR-00001454.jpg
645 KB
Extraction Summary
6
People
5
Organizations
1
Locations
5
Events
0
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
645 KB
Summary
This legal document, page 14 of a court filing dated May 27, 2021, outlines the legal standards for reviewing a district court's detention order and for considering a defendant's temporary release. It cites U.S. statutes and several legal precedents, including United States v. Watkins and United States v. Scarborough, to establish that the court applies a 'deferential review' and that a defendant bears the burden of proving temporary release is necessary for their defense or for other compelling reasons.
People (6)
| Name | Role | Context |
|---|---|---|
| Watkins | Defendant |
Mentioned in the case citation 'United States v. Watkins, 940 F.3d 152, 158 (2d Cir. 2019)'.
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| English | Defendant |
Mentioned in the case citation 'United States v. English, 629 F.3d 311, 319 (2d Cir. 2011)'.
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| Shakur | Defendant |
Mentioned in the case citation 'United States v. Shakur, 817 F.2d 189, 196 (2d Cir. 1987)'.
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| Sabhnani |
Mentioned in the case citation 'Sabhnani, 493 F.3d at 75'.
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| Scarborough | Defendant |
Mentioned in the case citation 'United States v. Scarborough, 821 F. App’x 598, 600 (6th Cir. 2020)'.
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| Belardo | Defendant |
Mentioned in the case citation 'United States v. Belardo, No. 20 Cr. 126 (LTS), 2020 WL 1689789, at *2 (S.D.N.Y. Apr....
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Appears as a party in multiple case citations (e.g., 'United States v. Watkins').
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| United States marshal | government agency |
Mentioned as a potential custodian for a temporarily released person.
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| 2d Cir. | court |
Referenced in multiple case citations, indicating the U.S. Court of Appeals for the Second Circuit.
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| 6th Cir. | court |
Referenced in the 'United States v. Scarborough' case citation, indicating the U.S. Court of Appeals for the Sixth Ci...
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| S.D.N.Y. | court |
Referenced in the 'United States v. Belardo' case citation, indicating the U.S. District Court for the Southern Distr...
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Timeline (5 events)
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the citation for United States v. Belardo, referring to the Southern District of New York.
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Key Quotes (5)
"the weight of the evidence against the person"Source
— 18 U.S.C. § 3142(g)
(A factor to be considered in legal proceedings, cited from a U.S. statute.)
DOJ-OGR-00001454.jpg
Quote #1
"the history and characteristics of the person."Source
— 18 U.S.C. § 3142(g)
(A factor to be considered in legal proceedings, cited from a U.S. statute.)
DOJ-OGR-00001454.jpg
Quote #2
"deferential review to a district court’s order of detention."Source
— United States v. Watkins
(Describing the standard of review applied by the Court to a lower court's detention order.)
DOJ-OGR-00001454.jpg
Quote #3
"on the entire evidence,” it is “left with the definite and firm conviction that a mistake has been committed,"Source
— Sabhnani, 493 F.3d at 75
(The standard for reversing a district court's findings, requiring a clear mistake.)
DOJ-OGR-00001454.jpg
Quote #4
"permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason."Source
— 18 U.S.C. § 3142(i)
(Quoting the U.S. statute that allows for temporary release of a detained defendant under specific circumstances.)
DOJ-OGR-00001454.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (1,534 characters)
Case 21-770, Document 73, 05/27/2021, 3109708, Page14 of 24
“the weight of the evidence against the person”; and (3) the “history and characteristics of the person.” 18 U.S.C. § 3142(g).
26. This Court applies “deferential review to a district court’s order of detention.” United States v. Watkins, 940 F.3d 152, 158 (2d Cir. 2019). It reviews for clear error the district court’s findings regarding risk of flight and whether the proposed bail package would reasonably assure the defendant’s appearance in court, see United States v. English, 629 F.3d 311, 319 (2d Cir. 2011); United States v. Shakur, 817 F.2d 189, 196 (2d Cir. 1987), and will reverse only if “on the entire evidence,” it is “left with the definite and firm conviction that a mistake has been committed,” Sabhnani, 493 F.3d at 75.
27. Once a defendant has been ordered detained, a judicial officer may “permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason.” 18 U.S.C. § 3142(i). The defendant bears the burden of showing that temporary release is necessary. See United States v. Scarborough, 821 F. App’x 598, 600 (6th Cir. 2020); United States v. Belardo, No. 20 Cr. 126 (LTS), 2020 WL 1689789, at *2 (S.D.N.Y. Apr. 7, 2020). This Court has not resolved whether it reviews a district court’s temporary release decision for
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DOJ-OGR-00001454
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