What is the test for overturning an order denying a defendant bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute crack cocaine?

MultiRegion, United States of America

The following excerpt is from U.S.A v. Twine, No. 09-1204-cr (Lead), No. 10-0709-cr (Con), No. 10-2043-cr (Con) (2nd Cir. 2010):

Defendant Sylvester Twine appeals from an order denying him bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine in violation of 21 U.S.C. 846, 841(a)(1), (b)(1)(A).1 We review a district court's bail determination for clear error and 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); see also United States v. LaFontaine, 210 F.3d 125, 130 (2d Cir. 2000); United States v. Ferranti, 66 F.3d 540, 542 (2d Cir. 1995). We detect no such error in this case.

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