Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00084-G MS Document 1 1 Filed 06/13/2008 Page 1 0f 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
Javier Guzman Case - _, QDM S
Dejizndanr
In accordance with the Bail Refonn 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.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(f)(l) 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 ofviolencc 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 teirn of imprisonment of ten years or more is prescribed in
i
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 1 42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) 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 thc offense described in finding (I).
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)
X (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 .
X under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by finding I 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)
(I) 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 ]]—Written Statement of Reasons for Detention
I find that the eredible testimony and information submitted at the hearing establishes by clear and convincing evidence a prcpon-
derance of the evidence: Defendant is charged with felon in possession of a firearm in violation of 18 USC § 922(g)(l), possession with intent (MJ)
to deliver in violation of 21 USC § 841 and possession of fireai·rris in furtherance of drug offense in violation of 18 USC § 924(c). Defendant did
not contest the government’s motion for detention at this time. The bases for dcfendant`s detention is that he is a risk of flight and danger to the
community because:
I. Defendant has moved around living in Minn., Texas and presently MD. He has been self employed in construction, plumbing and welding.
2. Defendant denies any substance abuse problems but has two DUI convictions and possession of MJ conviction.
3. He has outstanding warrants in Minn and Texas- Texas is an FTA.
4. He has not tics to this community - all family reside in Texas with defendant living in MD.
5. He has the following convictions: aiding in burglary 2d in 1993; assault 3d 1993; felon theft 1994; driving while intoxicated 1996, 1998 & 2005
(FTA warrant); possession of MJ. The present offense shows an escalation of defendant’s past criminal behavior.
6. The present offenses carry the rebuttable presumption.
J UN I 3 ZUQ3
U.S. DISTRICT COURT
DISTRICT OF DELAMRE

Case 1:08-cr-00084-Gl\/IS Document 11 Filed 06/13/2008 Page 2 0f 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part IH-Directions Regarding Detention
The defendant is committed to the custody of the 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 of a court of the United States or on request of an attomey for the
Government, the person in charge of the corrections facility shall deliver the defendant to the United States marshal for thc purpose of an appearance in
connection with a court proceeding.
June 13, 2008 L_
Date Signature 0fJudici er
Mary Pat Thynge, Magistrate Judge
Name and Title 0fJudicfaI Ojicer
'Insert as applicable: (a) Controlled Substanees Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00084-GMS

Document 11

Filed 06/13/2008

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Case 1:08-cr-00084-GMS

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