Free Order of Detention - District Court of Delaware - Delaware

Case 1 :06-cr-00029-JJF Document 1 1 Filed 04/27/2006 Page 1 of 2
% 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
Silvia Landa Martinez Case Number: C} [0 · J
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(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. § 3l42(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. § 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
*
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 l42(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 ofnot 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 rind 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 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 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: At the time ofher arrest defendant admitted that her citizenship was from Mexico, that she was not in the US legally and
advised that ner name was Silva Land Martinez. As a result of fingerprint evaluation and comparisons, it was determined that defendant had been
previously deported to Mexico on July 20, 2004. In light ofthese facts, defendant may not be employed and she advised during her Pretrial services
interview that she was not employed; she was allegedly prostituting herself. Defendant has used another name, Yadira Gonzalez and two different
dates of birth (11/14/78 & 11/14/79). Before coming to De, she had been living in NY. 1-Ier past criminal history has been for prostitution. Ice
has a detainer. Therefore, with no stable employment, no stable address, the ICE detainer, the court finds that there are no conditions or
combination thereofthat will reasonably assure defendant’s appearance as required.
i I
l APH 2 7 EUU5 `
11.5 U.!"L1F—T1T;T ·f3·31iRi
; ...7.31., ·3i*·€+:·=·¢ié¢zR£

Case 1 :06-cr-00029-JJF Document 11 Filed 04/27/2006 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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- efendarrt-t e United States marshal for the purpose of an appearance
in connection with a court proceeding. __¤ "
· . /
Agni 27, 2006 _,, -· r", 2 ‘· gz » z__
Date I" Signature 0fJudicin er
\—-t_ Mary Pat Thyrige, M` istrate Judge
Name and Til/e 0fJudiciaI Oyficer
*Insert as applicable: (a) Controlled Substances Act (2I U.S.C. § SOI et seq.); (b) Controlled Substances Import and Export Act (2] U.S.C. § 95]
ez seq.); or (c) Section l ofAct ofSept. I5, 1980 (2I U.S.C. § 955a).