Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00027-GIVIS Document 5 Filed O2/23/2007 Page 1 of 2
Qs AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OE AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Eulalia Amparo-Padilla Case __
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federaljurisdiction had existed that is
Q a crime ofviolence as defined in 18 U.S.C. § 3156(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term ofimprisonment often years or more is prescribed in
¤l<
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. _ _ _
§ 3142(f)(1)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (1). _ _
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety of (an) other person(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A) ‘
A (1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c). _
Q (2) The defendant has not rebutted the presumption established by Ending 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B) _
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant did not oppose detention at this time and reserved the right to contest at a later date which was granted. In
addition, the bases for detention are:
1. Substantial evidence against defendant’s illegal re-entry.
2. Defendant was arrested after serving a sentence in a DE detention facility for possession with intent to distribute drugs.
3. evidence shows that defendant had been previously deported to the Dominical Republic in 1998 for conviction for an aggravated felony.
4. Defendant admitted that she is a native and citizen ofthe Dominican Republic, that she was previously deported from the US and that she did not
request advance pennission for admission to the US.
0
Q FEB 2 .1 2007 [
l1.S.P.1I3I* 1 ._-_-.

Case 1 :07-or-OOO27-GIVIS Document 5 Filed O2/23/2007 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order of a court ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. lf “__ -.
Februay 23, 2007
Date .-·· Signature 0fJudici jf · -
Mary Pat Thynge, Ma strate Judge
Name and Title 0fJudicial Ojicer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C, § 951 er
seq.); or (c) Section l ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).