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721 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
721 KB
Summary
This page from a legal document details a court's decision to detain a defendant before trial, finding that electronic monitoring would be insufficient and dismissing concerns about COVID-19 risks. The document then outlines the applicable legal standard under the Bail Reform Act, explaining the government's burden to prove the defendant is a flight risk and the factors a court must consider.
Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Court | Judicial body |
Mentioned as the body that concluded monitoring would be insufficient, rejected defense arguments, and ordered the de...
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| Government | Government agency |
Mentioned as the party that bears the burden of proving a defendant is a flight risk under the Bail Reform Act.
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| United States | Government |
Mentioned as the plaintiff in the cited cases 'United States v. Boustani' and 'United States v. Sabhani'.
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Relationships (2)
The document describes a legal proceeding where the Government is seeking to detain the defendant against the arguments of the defense.
The Court is the judicial body making rulings on the defendant's detention status.
Key Quotes (4)
"would be insufficient"Source
— the Court
(The Court's conclusion regarding the effectiveness of electronic monitoring and home security guards for the defendant.)
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Quote #1
"[t]he Government bears the burden of proving by a preponderance of the evidence both that the defendant ‘presents an actual risk of flight’ and that ‘no condition or combination of conditions could be imposed on the defendant that would reasonably assure his presence in court.’"Source
— United States v. Boustani (quoting United States v. Sabhani)
(Describing the legal standard and burden of proof on the Government when seeking detention based on flight risk.)
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Quote #2
"character . . . [and] financial resources."Source
— 18 U.S.C. § 3142(g)
(Cited as part of the history and characteristics of the defendant that must be considered in a detention analysis.)
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Quote #3
"no condition or combination of conditions will reasonably assure the appearance of the person as required . . . such judicial officer shall order the detention of the person before trial."Source
— 18 U.S.C. § 3142(e)(1)
(The legal finding required for a judicial officer to order pretrial detention.)
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,076 characters)
Case 1:20-cr-00330-AJN Document 102 Filed 02/08/21 Page 9 of 36
the Court concluded that electronic monitoring and home security guards “would be insufficient” because the defendant could remove the monitor and evade security guards. (Tr. 87-88). Finally, the Court rejected the defense’s arguments about the risks of COVID-19 and the difficulty of preparing a defense with an incarcerated client. In so doing, the Court noted that the defendant has no underlying conditions that place her at heightened risk of complications from COVID-19 and emphasized that the defendant had many months to prepare for trial. (Tr. 89-90).
Viewing all of these factors together, the Court ordered the defendant detained pending trial. (Tr. 91).
Viewing all of these factors together, the Court ordered the defendant detained pending trial. (Tr. 91).
APPLICABLE LAW
Under the Bail Reform Act, 18 U.S.C. §§ 3141 et seq., federal courts are empowered to order a defendant detained pending trial upon a determination that the defendant poses a risk of flight. 18 U.S.C. § 3142(c). When seeking detention on this ground, “[t]he Government bears the burden of proving by a preponderance of the evidence both that the defendant ‘presents an actual risk of flight’ and that ‘no condition or combination of conditions could be imposed on the defendant that would reasonably assure his presence in court.’” United States v. Boustani, 932 F.3d 79, 81 (2d Cir. 2019) (quoting United States v. Sabhani, 493 F.3d 63, 75 (2d Cir. 2007)). The Bail Reform Act lists three factors to be considered in the detention analysis when the Government seeks detention based on flight risk: (1) the nature and circumstances of the crimes charged; (2) the weight of the evidence against the person; and (3) the history and characteristics of the defendant, including the person’s “character . . . [and] financial resources.” See 18 U.S.C. § 3142(g). If a judicial officer concludes that “no condition or combination of conditions will reasonably assure the appearance of the person as required . . . such judicial officer shall order the detention of the person before trial.” 18 U.S.C. § 3142(e)(1).
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DOJ-OGR-00020069
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