What is the burden of proving a defendant is not likely to flee or pose a danger to others?
MultiRegion, United States of America
The following excerpt is from United States v. Gutierrez-Gomez, No. 2:19-cr-0006-KJM (E.D. Cal. 2020):
First, defendant fails to meet the threshold requirement of showing by clear and convincing evidence he is "not likely" to flee or pose a danger to others as required by 3143(b)(1)(A). See United States v. Garcia, 340 F.3d 1013, 1021 n.6 (9th Cir. 2003) (noting defendant bears burden of satisfying threshold requirements of 3143(b)(1)(A) by clear and convincing evidence).
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