Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00051-GIVIS Document 9 Filed 06/26/2007 Page 1 of 2
——`~ . AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Robert Alexis Escobar—Solan0 Case C Q "Zla » .- Q M
Defendant D 5
ln accordance with the Bail Reform Act, 18 U,S.C. § 3142(t), a detention hearing has been held. l 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(t)(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 USC, § 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 oftwo or more prior federal offenses described in 18 U.S.C.
§ 3142(t)(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 tive years has elapsed since the Q date ofconviction Q release ofthe defendant from imprisonment
for the offense described in Ending (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. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has committed an offense
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 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
1 tind that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant, at this time, did not oppose the government’s motion for detention. l—Ie was advised ofhis right to request a
detention hearing in the future should conditions so warrant.
1. Although at the time of his arrest, defendant was working for an uncle, most ofhis close relatives are located in CA,
2. Defendant was previously deported in February 1999 and claims that he retumed to the US in September 1999, 1-lis deportation was related
to a criminal conviction for unlawful sexual intercourse with a minor. In February 2002 he was found in violation of parole and ws paroled to the
USMS in July 2002, IN June 2003 he was convicted of possession of false US lD, Between 1990-1995, defendant was convicted on 3
occasions for theft related offenses.
3. ICE presently has a detainer issued on defendant.
ln addition to not contesting the government’s motion, the evidence shows that defendant is both a risk of flight (limited contacts with the DE
community) and danger to community to warrant detention.
pi;} l?.‘§l"ii¤1 COURT

Case 1 :07-cr-00051-GIVIS Document 9 Filed 06/26/2007 Page 2 of 2
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 of the United States or on request of an attorney for the
Govemment, the person in charge ofthe corrections facility shall deliver the defendant tothe United States marshal for the purpose of an appearance in
connection with a court proceeding. // Q
June 25, 2007 _ f - · e __g_M;
Date Signature 0fJudiciaI ·
_ . ary PatThynge, Magi te Judge
Name and Tit/e ofjudiciczl Oj7cer
*insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (0) Section l 0f`Aot ofSopt. I5, IOSO (21 U.S.C. § 955o).