Free Order of Detention - District Court of Delaware - Delaware

Case 1 :05-cr—00033-JJ F Document 12 Filed 04/ 1 9/2005 Page 1 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial , _
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UNITED STATES DISTRICT Coumfnt: ii ut art z=.i—:1¤.atf
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRI
Emilio Zacarias-Bamaca Case Number: O 5 { -
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 th
detention of the 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 of a Q federal offense Q state
or local offense that would have been a federal offense if a 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 of imprisonment of ten years or more is prescribed in
*
Q a felony that was committed alter the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3142(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 of the 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)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten 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 of conditions will reasonably assure
the appearance of the defendant as required and the safety of the 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 infomation submitted at the hearing establishes by clear and convincing evidence X a prepon-
derance ofthe evidence Defendant is charged with illegal entry aiier deportation in violation of 8 USC
1326g a). Defendant had been previously deported from the United States in June and September 2003. The government moved for detention.
At this time, defendant, through the assistance of counsel, will not oppose detention. Moreover, a detainer has been filed by ICE, so any finding
by this court will not result in his release. However, in light of the information regarding defendant’s appearance in the US, this court finds that
defendant is a risk of non·appearance and orders his detention, with the right to petition the court for further review should additional information .
becomes available.

Case 1 :05-cr—00033-JJ F Document 12 Filed 04/ 1 9/2005 Page 2 of 2
\ AO 4172 (Rev. 3/86) Order of Detention Pending Trial

Part IH——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 • • · f a court of the United States or on request of an attomey for the
Government, the person in charge ofthe corrections facili · all de efendan T'? e United States marshal for the purpose of an appearance
in connection with a court proceeding. ‘ `
A 1 `; . /
Agni 19. zoos A.; 111444..2
Date - Signature 0f.Iud ial E' cer
Mary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojicer
*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
et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).