United States District Court, S.D. New York
August 11, 2005.
UNITED STATES OF AMERICA,
AGYEI TABI, a/k/a "Kobi," Defendant.
The opinion of the court was delivered by: LAWRENCE McKENNA, District Judge
MEMORANDUM AND ORDER
On July 19, 2005, the Court (on the government's application
for reconsideration of a May 23, 2005 order granting bail on
conditions which, as of the time of the government's application
for reconsideration had not been fully met) found that: "The
government has now proferred evidence that I think tips the
burden of proof and has shown by a preponderance on the record so
far that Mr. Tabi is a flight risk and on the record so far I am
going to order him detained. That is, the motion for
reconsideration is granted, he will be detained." (Transcript,
July 19, 2005, at 34.)
On August 10, 2005, the Court heard defendant's application for
reconsideration. Reconsideration is granted, and, on
reconsideration, the Court adheres to its determination of July
19, 2005, that the government has shown by a preponderance of the
evidence that defendant is a flight risk. In context, Government
Exhibits 1, 2 and 3, introduced at the August 10, 2005 hearing, strengthen the case made by the government at the July
19, 2005 hearing.
Defendant will be detained.
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