Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00076-SLR Document 9 Filed 06/10/2008 Page 1 of 2
% A0 472 (Rev. 3/B6) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF Al\/IERICA
V. ORDER OF DETENTION PENDING TRIAL
Guillermo A. Martinez Case C f`OF,'“0_, I
Depndanr
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. l 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)( 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
l
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 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)
X (l) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term of imprisonment of ten years or more is prescribed in 18 USC § 2252A .
Q under 18 U.S.C. § 924(c).
X (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 ofthe community.
Alternative Findings (B)
( l) 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—Writtcn Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant was detained because there are no conditions or combination thereof that will reasonable assure his
appearance as required and the safety of the community . Defendant is charged with child pom offense for which the rebuttable presumption applies.
Defendant has not rebutted that presumption and the evidence against defendant is substantial in support of the offense, which supports the issue
of danger to the con1munity. Defendant did not contest the govemment’s motion for detention. At the time of the instant offense, defendant was on
a term of supervised release. Therefore there are no conditions or combination thereof that will reasonably assure defendant’s appearance as required
or the safety of the community.
irs. sEii€icr must
DESTRICT OF DELAWARE


Case 1 :08-cr-00076-SLR Document 9 Filed 06/10/2008 Page 2 of 2
% AO 472 (Rev. 3/B6) Order of Detention Pending Trial
Part HI—Directions Regarding Detention
The defendant is committed to thc custody of the Attomey General or his designated representative for confinement in a corrections facility separate,
to the extent praetieable, 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 attorney for the
Government, the person in charge of the corrections facility shall deliver the def dant t nite tates marshal for the purpose of an appearance in
connection with a court proceeding. .
Juneg, 2008
Date ure of Judicial Of}
ary Pat Thynge, Magistrate udge
Name and Title of Judicial Ojficer
*Insert as applicable: (a) Controlled Substances Aet (21 U.S.C. § 801 et seq-); (b) Controlled Substances Import and Export Act (21 U.S.C. § 95I et
seq.); or (e) Section l ofAct of Sept. I5, 1980 (2] U.S.C. § 955a).

Case 1:08-cr-00076-SLR

Document 9

Filed 06/10/2008

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Case 1:08-cr-00076-SLR

Document 9

Filed 06/10/2008

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