What is the test for a judge to order pretrial detention?

After conducting a hearing, a judicial officer may order pretrial detention upon its finding that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community." 18 U.S.C. 3142(e)(1). In making this determination, the judicial officer considers the following factors: (1) "the nature and circumstances of the offense charged"; (2) "the weight of the evidence against the person"; (3) "the history and characteristics of the person"; and (4) "the nature and seriousness of the danger to any person or the community that would be posed by the person's release." Id. 3142(g). "[T]he government retains the ultimate burden of persuasion by clear and convincing evidence that the defendant presents a danger to the community." United States v. English, 629 F.3d 311, 319 (2d Cir. 2011) (internal quotation marks omitted). In such a pretrial detention hearing, the government

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may proceed by proffer, see, e.g., United States v. Ferranti, 66 F.3d 540, 542 (2d Cir. 1995), and the rules of evidence do not apply, see 18 U.S.C. 3142(f).

"We review a district court's findings as to the accused's . . . potential danger to the community for clear error." English, 629 F.3d at 319. We will not reverse "unless on the entire evidence we are left with the definite and firm conviction that a mistake has been committed." United States v. Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007) (internal quotation marks omitted). "Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." English, 629 F.3d at 319 (internal quotation marks omitted). We review legal questions de novo. See United States v. Abuhamra, 389 F.3d 309, 317 (2d Cir. 2004).