Opinion
No. 05 Cr. 471 (LMM).
August 11, 2005
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.
SO ORDERED.