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Document doj-ogr-00001213

AI Analysis

Summary: The document discusses the legal framework for pretrial detention and bail hearings under 18 U.S.C. § 3142(f), including the standards for reopening a detention hearing and the court's inherent powers to review its own bail decisions. The defendant has made a renewed motion for bail based on new information, and the court must determine whether to reopen the hearing. The document cites relevant case law and statutory authority to inform the court's decision.
Significance: This document is potentially important because it discusses the legal standards and precedents governing pretrial detention and the reopening of bail hearings, and may influence the court's decision on the defendant's renewed motion for bail.
Key Topics: bail hearing pretrial detention standards for reopening a detention hearing
Key People:
  • The Defendant - the individual making the renewed motion for bail

Full Text

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). After a court has made an initial determination that no conditions of release can reasonably assure the appearance of the Defendant as required, the Court may reopen the bail hearing if "information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue" of whether pretrial detention is warranted. 18 U.S.C. § 3142(f). But the Court is not required to reopen the hearing or to conduct another hearing if it determines that any new information would not have a material bearing on the issue. See United States v. Raniere, No. 18-CR-2041 (NGG) (VMS), 2018 WL 6344202, at *2 n.7 (E.D.N.Y. Dec. 5, 2018) (noting that "[a]s the court has already held one detention hearing, it need not hold another" the standards set forth in 18 U.S.C. § 3142(f)(2) are met); United States v. Havens, 487 F. Supp. 2d 335, 339 (W.D.N.Y. 2007) (electing not to reopen a detention hearing because the new information would not have changed the court's decision to detain the defendant until trial). III. Discussion The Defendant bases her renewed motion for bail on both 18 U.S.C. § 3142(f) and the Court's inherent powers to review its own bail decisions. See Def. Mot. at 7 9. As already noted, § 3142(f) provides that a bail hearing "may be reopened . . . at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the