What is the clear error standard for determining whether a defendant has been released from prison without charge?

MultiRegion, United States of America

The following excerpt is from United States v. McCloud, 20-3971-cr (2nd Cir. 2021):

2. United States v. Mattis, 963 F.3d 285, 291 (2d Cir. 2020) (internal quotation marks and alteration omitted). This "clear error standard applies not only to the factual predicates underlying the district court's decision, but also to its overall assessment, based on those predicate facts, as to the risk of flight or danger presented by defendant's release. . . . We will find clear error only where, on the entire evidence, we are left with the definite and firm conviction that a mistake has been committed." Id. (internal quotation marks and alteration omitted).

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