Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00112-UNA Document 7 Filed 06/30/2008 Page 1 of 1
Q AO 472 (Rev. 12/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
ISMAEL LOPEZ-CRUZ, Case Number: 08-1 12-M
Dejendam
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(O, E1 detention hearing has been held. 1 conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part l—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f')(l) and has been convicted of a Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence as defined in 18 U.S.C. § 3 l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisonment often years or more is prescribed in
=•·
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)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment 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 finding 1 that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
Q (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
1 find that the credible testimony and information submitted at the hearing establishes by III clear and convincing evidence X a prepon-
derance of the evidence that
The Defendant waived his right to a detention hearing. Based on the report of the Probation Office, and other infonnation before the Court —
including thc affidavit supporting the complaint against Defendant for illegal re-entry into the U.S., which sets out that Defendant was deported just
this past May — the Court finds by a preponderance of the evidence that no combination of conditions could reasonably assure that the Defendant
would appear for all Court events in this matter.
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 defendmt shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the Unit tates marshal for the purpose ofan appearance
in connection with a court proceeding.
JUNE som, 2008 »
Date Signature 0fJudge
Hon. Leonard P. Stark
Name and Title of Judge
*1nsert as applicable; (a) Controlled Substances Act (21 U.S.C. § 801 at seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
et seq.); or (c) Section 1 ofAct of Sept. 15, l98O (21 U.S.C. § 955a).

Case 1:08-mj-00112-UNA

Document 7

Filed 06/30/2008

Page 1 of 1