Free Order of Detention - District Court of Delaware - Delaware

Case 1 :06-mj-00085-lVI PT Document 7 Filed 07/27/2006 Page 1 of 2
Qi AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PE ING TRIAL
Sergio Alejandro Arreo1a—l\/Iolina Case _,
Defendant NA " M 5
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(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. § 3 142(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 federal jurisdiction had existed that is
Q a crime of violence 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
*
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.
§ 3 142(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)
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum tenn 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.
(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 clear and convincing evidence X a prepon-
derance ofthe evidence: prior to the detention hearing, a preliminary hearing occurred during which probable cause was found. The bases for
detention is as follows:
1. Evidence strongly shows that defendant is illegally in the US and as a result cannot be employed.
2. Defendant was previously convicted ofa drug related offense which resulted in his deportation. He is clearly aware
that if convicted ofthis offense he will be imprisoned and then subsequently deported.
3. Although most ofhis family resides in the US, he has no ties to the eastern US. There are no reasonable means to assure his retum to this
jurisdiction.
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Case 1 :06-mj-00085—lV|PT Document 7 Filed 07/27/2006 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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 orf_a__<;_ourt ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall delivi, e defendant to the 'ted States marshal for the purpose of an appearance in
connection with a court proceeding.
my 26, 2006 I-L4 ·· 2- ér xi, -6 ’
Date · `E- Signature 0f./tgdici [_ jcer
-""·"“/{ Mary Pat Thynge, agistrate Judge
Name and Title 0f./udicial 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 et
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).