Free Order of Detention - District Court of Delaware - Delaware

Case 1:06-cr-00011-SLR

Document 10

Filed 02/10/2006

Page 1 of 2

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A 0 472 (Rev. 3/86) Order of Detention Pending Trial

District of
UNITED STATES OF AMERICA V. Carlos Javier Velasquez

Delaware

ORDER OF D4TENTION PENDING TRIAL
Case Number:

Defendant 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 of the defendant pending trial in this case.

C ~ bb- I\- J O
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Part I-Findings of Fact

(1) The defendant is charged with an offense described in 18 U.S.C. 8 3 142(fX1) and has been :onvicted of a [7 federal offense or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is a crime of violence as defined in 18 U.S.C. $ 3156(a)(4). an offense for which the maximum sentence is life imprisonment or death. [7 an offense for which a maximum term of imprisonment of ten years or more is prescribed in

state

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(2) (3) (4)

(1)

(2)

X

(1) (2)

a felony that was committed after the defendant had been convicted of two or more prio. federal offenses described in 18 U.S.C. $ 3 142(f)(l)(A)-(C), or comparable state or local offenses. The offense described in finding (I) was committed while the defendant was on release penc ing trial for a federal, state or local offense. date of conviction release of the defendant from imprisonment A period of not more than five years has elapsed since the for the offense described in finding (1). of Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combi~lation conditions will reasonably assure the safety of (an) other person(s) and the community. I further find that the defendant has not rc,buttedthis presumption. Alternative Findings (A) There is probable cause to believe that the defendant has committed an offense [7 for which a maximum term of imprisonment of ten years or more is prescribed in under 18 U.S.C. $ 924(c). 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) There is a serious risk that the defendant will not appear. There is a serious risk that the defendant will endanger the safety of another person or the co-nmunity.

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~ a r~~-writtenStatement of ~ e a s o n for ~ e t e n d o n t s
I find that the credible testimony and information submitted at the hearing establishes by Jear and convincing evidence X a prepon. . derance of the evidence ; Defendant did not oppose the government's motion for detention, particular light of the fact that a detainer had been issued bv ICE. Defendant was advised of his reiaht to have this order reviewed and to reauest a ntion hearinn. There is evidence. however, that defendant is a risk of flight. Defendant was removed firom the US in September 1996 &(December 1997. He knows the system by

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E lI I
FEB 1 0 2006
U.S. DISTRICT COURT DISTRICT OF DELAWARE

F I L E D

Case 1:06-cr-00011-SLR
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Document 10

Filed 02/10/2006

Page 2 of 2

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B A 0 472 (Rev. 3/86) Order of Detention Pendine Trial

Part In-Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or his designated representative to the extent practicable, from persons awaiting or serving sentences or being held in custody pen1 reasonable opportunity for private consultation with defense counsel. On order of a court of the UI Government, the person in charge of the corrections facility shall deliver4qdefendant t o m i l e d in connection with a court proceeding.
kbruary 9,2006 Date

r confinement in a corrections facility separate,

~gappeal. The defendant shall be afforded a XIStates or on request of an attorney for the ates marshal for the purpose of an appearance

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Signature o Jp f Mary Pat 'I'hynge>

gistr rate Judge

Name and Title oj rdicial Oficer *Insert as applicable: (a) Controlled Substances Act (21 U.S.C. 8 801 et seq.); @) Controlled Substi :es Import and Export Act (21 U.S.C. et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. 8 955a).

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