What is the legal test for overturning a federal court's order to detain a defendant?

MultiRegion, United States of America

The following excerpt is from United States v. Rivera-Banchs, 20-2873 (2nd Cir. 2021):

We have jurisdiction to review the district court's detention order pursuant to 18 U.S.C. 3145(c) and 28 U.S.C. 1291. "As a rule, we apply deferential review to a district court's bail determination and will not reverse except for clear error." United States v. Mattis, 963 F.3d 285, 291 (2d Cir. 2020) (citation and brackets omitted). "Th[e] 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." United States v. Abuhamra, 389 F.3d 309, 317 (2d Cir. 2004). Under this standard, 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 and citation omitted).

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