The following excerpt is from United States v. Zherka, 14-4033 (2nd Cir. 2015):
detention of the person before trial." 18 U.S.C. 3142(e). "Under this statutory scheme, 'it is only a limited group of offenders who should be denied bail pending trial.'" Sabhnani, 493 F.3d at 75 (quoting United States v. Shakur, 817 F.2d 189, 195 (2d Cir. 1987)) (internal quotation marks omitted).1
Assuming the district court applied the correct legal standard, we review an order of detention only for clear error. United States v. Abuhamra, 389 F.3d 309, 317 (2d Cir. 2004). "This clear error standard applies not only to the court's specific predicate factual findings but also to its overall assessment, based on those predicate facts, as to the risk of flight or danger presented by defendant's release." Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.