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735 KB
Extraction Summary
6
People
4
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
735 KB
Summary
This legal document, filed on March 22, 2021, is a portion of a court filing discussing the legal standards for a defendant's bail motion. It outlines the rebuttable presumption of detention under 18 U.S.C. § 3142(e)(3), detailing the defendant's burden of production and the government's ultimate burden of persuasion. The document notes that the defendant has filed a third motion for bail, arguing for reconsideration based on new conditions and a purportedly weakened government case.
People (6)
| Name | Role | Context |
|---|---|---|
| English | Party in a cited case |
Cited in 'United States v. English, 629 F.3d 311, 319 (2d Cir. 2011)' regarding the defendant's burden of production ...
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| Mercedes | Party in a cited case |
Cited in 'United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001)' as the source of a quote on burdens of proof.
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| Rodriguez | Party in a cited case |
Cited in 'United States v. Rodriguez, 950 F.2d 85, 88 (2d Cir. 1991)' regarding the evidence a defendant must introdu...
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| Martir | Party in a cited case |
Cited in 'United States v. Martir, 782 F.2d 1141, 1144 (2d Cir. 1986)' regarding the government's burden of persuasion.
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| Mattis | Party in a cited case |
Cited in 'United States v. Mattis, 963 F.3d 285, 290–91 (2d Cir. 2020)' regarding the persistence of the presumption ...
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| Unnamed Defendant | Defendant |
The subject of the legal analysis, who has based her third motion for bail on the Court's inherent powers.
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States | Government |
Party in several cited legal cases, such as 'United States v. English'.
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| 2d Cir. | Court |
The Second Circuit Court of Appeals, whose decisions are cited as legal precedent.
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| Court | Government agency |
The judicial body considering the Defendant's third motion for bail and her pre-trial motions.
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| Government | Government |
Referred to as the party with the ultimate burden of persuasion and whose case the Defendant argues is diminished.
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Timeline (1 events)
Relationships (1)
The document describes the legal arguments between the Defendant, who is seeking bail, and the Government, which has the burden of persuasion to keep her detained.
Key Quotes (4)
"that no condition or combination of conditions will reasonably assure” the defendant’s appearance or the safety of the community or others."Source
— 18 U.S.C. § 3142(e)(3)
(Describes the rebuttable presumption that arises when there is probable cause that the defendant committed a specific type of offense.)
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Quote #1
"the defendant ‘bears a limited burden of production . . . to rebut that presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight.’"Source
— United States v. English
(Explains the defendant's initial responsibility to present evidence to counter the presumption of detention.)
DOJ-OGR-00002771.jpg
Quote #2
"‘the government retains the ultimate burden of persuasion by clear and convincing evidence that the defendant presents a danger to the community,’ and ‘by the lesser standard of a preponderance of the evidence that the defendant presents a risk of flight.’"Source
— English (quoting Mercedes)
(Defines the two standards of proof the government must meet to justify continued detention.)
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Quote #3
"the presumption favoring detention does not disappear entirely, but remains a factor to be considered among those weighed by the district court."Source
— United States v. Mattis
(Clarifies that even if a defendant meets their burden of production, the initial presumption of detention is still a relevant factor for the court.)
DOJ-OGR-00002771.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,170 characters)
Case 1:20-cr-00330-AJN Document 169 Filed 03/22/21 Page 5 of 12
If, as here, there is probable cause to find that the defendant committed an offense specifically enumerated in § 3142(e)(3), a rebuttable presumption arises “that no condition or combination of conditions will reasonably assure” the defendant’s appearance or the safety of the community or others. 18 U.S.C. § 3142(e)(3). In such circumstances, “the defendant ‘bears a limited burden of production . . . to rebut that presumption by coming forward with evidence that he does not pose a danger to the community or a risk of flight.’” United States v. English, 629 F.3d 311, 319 (2d Cir. 2011) (quoting United States v. Mercedes, 254 F.3d 433, 436 (2d Cir. 2001)); see also United States v. Rodriguez, 950 F.2d 85, 88 (2d Cir. 1991) (“[A] defendant must introduce some evidence contrary to the presumed fact in order to rebut the presumption.”). Nonetheless, “‘the government retains the ultimate burden of persuasion by clear and convincing evidence that the defendant presents a danger to the community,’ and ‘by the lesser standard of a preponderance of the evidence that the defendant presents a risk of flight.’” English, 629 F.3d at 319 (quoting Mercedes, 254 F.3d at 436); see also United States v. Martir, 782 F.2d 1141, 1144 (2d Cir. 1986) (“The government retains the burden of persuasion [in a presumption case].”). Even when “a defendant has met his burden of production,” however, “the presumption favoring detention does not disappear entirely, but remains a factor to be considered among those weighed by the district court.” United States v. Mattis, 963 F.3d 285, 290–91 (2d Cir. 2020).
III. Discussion
The Defendant bases her third motion for bail on the Court’s inherent powers to review its own bail decisions, arguing that the new conditions she proposes warrant reconsideration of the Court’s earlier rulings. See Def. Mot. at 4. She also argues that the strength of the Government’s case is diminished in light of the arguments she advances in her pre-trial motions, which are currently pending before the Court. Id. at 7. Having considered those arguments, the
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DOJ-OGR-00002771
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