Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00081-UNA Document 7 Filed O4/24/2008 Page 1 of 1
§ AO 472 (Rev l2f03) Order ofDctent1on Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
JULIO FABELA-NIEBLA, Case Number: 03-81-M
Defendant
In accordance with the Bail Reform Act, IS U.S.C. § 3 I 42(f). a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part l——Findings of Fact
Q (I) The defendant is charged with an offense described in IS U.S.C. § 3 I42(f)(l) and has been convicted of`a Q federal offense Q state
or local of`fensc that w·ould have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime ofviolence as defined in IS 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 of imprisonment often years or more is prescribed in
it
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in IS U.S.C.
§ 3 l42(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 ofnot more than tive years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (I).
Q (4) Findings Nos. (I), (2) and (3) establish a rebuttablc presumption that no condition or combination of conditions will reasonably assure the
safety of(an) other person(s) and the community. I f`urther find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under IS U.S.C. §924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofeonditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
Alternative Findings (B)
X (I) I`here is a serious risk that the defendant wilt not appear.
Q (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part ll—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by III clear and convincing evidence X a prepon-
derance ofthe evidence that
The Defendant waived his right to a detention hearing. Based on the report of the Probation Office, and other information before the Court -—
including the affidavit supporting the complaint against Defendant for illegal re-entry into the US., which sets out three prior removals or
deportations ~ the Court finds by a preponderance ofthe evidence that no combination of conditions could reasonably assure that the Defendant
would appear lbr all Coun events in this matter.
Part III—Directi0ns Regarding Detention
The defendant is committed to the custody of`the Attorney General or his designated representative for confinement in acorrections 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 ofa coun ofthe United States or on request of an attomey for the
Government. the person in charge ofthe corrections facility shall deliver the def dant to the `tcd Stat * arsha for the purpose ofan appearance
in connection with a court proceeding.
April 24th, 2008 i
Date Stgnnrure of Judge
I-Ion. Leonard P. Stark
Name and Tirle 0f.]udge
tinseit as applicable: (a) Controlled Substances Act (2I U.S.C. § 801 erseq.); (b) Controlled Substances Import and Export Act (2l U.S.C. § 95I
er seq.); or (c) Section I of`Act of Sept. I5, 1980 (21 U.S.C. § 955a).

Case 1:08-mj-00081-UNA

Document 7

Filed 04/24/2008

Page 1 of 1