Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-001 97-U NA Document 5 Filed 10/19/2007 Page 1 of 2
Qi AO 472 (Rev. 3/8,6) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Alejandro Lopez-Lopez Case ..
Defendant M
In accordance with the Bail Reform Act, I8 U.S.C. § 3I42(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 (I) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(I) 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 federal jurisdiction had existed that is
Q a crime of violence as defined in 18 U.S.C. § 3l56(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 oftwo or more prior federal offenses described in I8 U.S.C.
§ 3l42(f)(l)(A)-(C), or comparable state or local offenses,
Q (2) The offense described in finding (I ) 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 (I).
Q (4) Findings Nos. (I), (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)
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum temi 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 I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(I) There is a serious risk that the defendant will not appear.
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—Written Statement ofReas0ns for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant is charge with illegal re-entry into the US. He did not oppose detention at this time but reserved the right to do
so in the future which was granted. Defendant‘s criminal history is minimal (primarily traffic violations), but he has been ordered for expedited
removal on three occassions and it is known that he was deported twice. He has used an alias. On May I9, 2005 he was found illegally in the US
and deported. He was again found illegally in US 5 months later in October 2005 and deported. He admitted that he was a citizen of Mexico,
his previous deportations and his failure to obtain pemqission for admission to the US.
F I L E D
IIS. DISTRICT COURT
DISTRIST OF IY·EI.i¤wARE

Case 1:07-mj-00197-UNA Document 5 Filed 10/19/2007 Page 2 of 2
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey 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 of the United States or on request of an attorney for the
Govemrnent, the person in charge ofthe corrections facility shall deliver the defen . · • the United States marshal for the purpose of an appearance in
connection with a court proceeding. , _ ·
/
October 19, 2007 I I- H
Date - Signature { ur ial Ojicer
Mary Pat Th- ge, Magistrate Judge
Name and Title ofJudicia/ Omcer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 etseq.); (b) Controlled Substances lmport and Export Act (21 U.S.C. § 951 et
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-mj-00197-UNA

Document 5

Filed 10/19/2007

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Case 1:07-mj-00197-UNA

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