What is the test for a motion to release a defendant who stands indicted for conspiracy to commit murder in aid of racketeering and possession of a firearm in furtherance of a crime of violence?

MultiRegion, United States of America

The following excerpt is from United States v. Artis, No. 15-1767-cr (2nd Cir. 2015):

Defendant Solomon Artis, who stands indicted for conspiracy to commit murder in aid of racketeering and possession of a firearm in furtherance of a crime of violence, see 18 U.S.C. 1959(a)(5), 924(c)(1)(A)(i), 2, appeals from the district court's order detaining him without bail pending trial, see 18 U.S.C. 3142, 3145(c). We review the district court's findings of factincluding its ultimate findings as to risk of flight and danger to the communityfor clear error, see United States v. English, 629 F.3d 311, 319-20 (2d Cir. 2011), 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). We review questions of law de novo. See United States v. English, 629 F.3d at 319-20. We assume the parties' familiarity with the facts and the record of prior proceedings, which we reference only as necessary to explain our decision to affirm.

1. Legal Standard

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