DOJ-OGR-00002170.jpg
710 KB
Extraction Summary
4
People
3
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
710 KB
Summary
This legal document is a page from a court filing that explains the Court's decision to detain a defendant pending trial. The Court determined that electronic monitoring would be insufficient and rejected the defense's arguments regarding COVID-19 risks. The document then outlines the applicable law for such a decision under the Bail Reform Act, detailing the Government's burden of proof and the factors considered when a defendant is deemed a flight risk.
People (4)
| Name | Role | Context |
|---|---|---|
| defendant | Defendant |
The subject of the court's detention order, mentioned throughout the document.
|
| Boustani |
Named in the case citation 'United States v. Boustani'.
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| Sabhani |
Named in the case citation 'United States v. Sabhani'.
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| judicial officer | Judicial Officer |
Mentioned as the authority who can order the detention of a person before trial.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| the Court | Judicial body |
The entity that concluded electronic monitoring was insufficient and ordered the defendant detained.
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| federal courts | Judicial body |
Mentioned as being empowered by the Bail Reform Act to order a defendant detained.
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| the Government | Government agency |
The party seeking detention and bearing the burden of proof regarding the defendant's flight risk.
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Relationships (1)
The document describes the Government seeking the detention of the defendant in a legal proceeding.
Key Quotes (3)
"would be insufficient"Source
— the Court
(The Court's conclusion regarding the effectiveness of electronic monitoring and home security guards for the defendant.)
DOJ-OGR-00002170.jpg
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)
(A quote defining the legal standard the Government must meet to secure detention of a defendant based on flight risk.)
DOJ-OGR-00002170.jpg
Quote #2
"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)
(A quote from the Bail Reform Act stating the legal requirement for a judicial officer to order detention.)
DOJ-OGR-00002170.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,077 characters)
Case 1:20-cr-00330-AJN Document 100 Filed 12/18/20 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).
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(e). 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-00002170
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