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621 KB
Extraction Summary
4
People
3
Organizations
0
Locations
0
Events
1
Relationships
6
Quotes
Document Information
Type:
Legal document
File Size:
621 KB
Summary
This legal document, page 16 of a filing dated April 12, 2021, outlines the legal standards for pretrial detention. It specifies the factors a court must consider when the government seeks detention for flight risk, as laid out in 18 U.S.C. § 3142(g). The document also details the 'deferential review' standard for appealing a detention order and the conditions under which a judicial officer may permit temporary release of a detained individual.
People (4)
| Name | Role | Context |
|---|---|---|
| Watkins | Party in a legal case |
Mentioned in the legal citation 'United States v. Watkins, 940 F.3d 152, 158 (2d Cir. 2019)'.
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| English | Party in a legal case |
Mentioned in the legal citation 'United States v. English, 629 F.3d 311, 319 (2d Cir. 2011)'.
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| Shakur | Party in a legal case |
Mentioned in the legal citation 'United States v. Shakur, 817 F.2d 189, 196 (2d Cir. 1987)'.
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| Sabhnani | Party in a legal case |
Mentioned in the legal citation 'Sabhnani, 493 F.3d at 75'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned as the entity seeking detention of a defendant based on flight risk.
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| United States | government |
Mentioned in the context of legal cases (United States v. Watkins, etc.) and as the entity employing a marshal.
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| United States marshal | government agency |
Mentioned as a potential custodian for a temporarily released defendant.
|
Relationships (1)
The document describes the Government seeking detention of a defendant.
Key Quotes (6)
"the nature and circumstances of the offense charged"Source
— 18 U.S.C. § 3142(g)
(One of the factors a court must consider when the Government seeks detention based on flight risk.)
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Quote #1
"the weight of the evidence against the person"Source
— 18 U.S.C. § 3142(g)
(One of the factors a court must consider when the Government seeks detention based on flight risk.)
DOJ-OGR-00001333.jpg
Quote #2
"the history and characteristics of the person."Source
— 18 U.S.C. § 3142(g)
(One of the factors a court must consider when the Government seeks detention based on flight risk.)
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Quote #3
"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.)
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Quote #4
"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 regarding risk of flight.)
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Quote #5
"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"Source
— unspecified legal source
(Describing the authority of a judicial officer to grant temporary release to a detained defendant.)
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Quote #6
Full Extracted Text
Complete text extracted from the document (1,470 characters)
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page16 of 25
Cir. 2001). Even where a defendant produces sufficient evidence to rebut the statutory presumption of detention, the presumption does not disappear; instead, it becomes a factor to be weighed and considered in deciding whether release is warranted. Id.
30. Where the Government seeks detention based on flight risk, the court must consider: (1) “the nature and circumstances of the offense charged”; (2) “the weight of the evidence against the person”; and (3) the “history and characteristics of the person.” 18 U.S.C. § 3142(g).
31. This Court generally 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.
32. 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
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DOJ-OGR-00001333
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