Free Order on Motion to Detain Pending Trial - District Court of Delaware - Delaware

Case 1:08-mj-00080-UNA Document 6 Filed 04/15/2008 Page 1 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDE O ETENTION PENDING TRIAL
Jose Rolando Murcia-Gutierrez Case , _
Dej2·na'¢trir
ln accordance with the Bail Reform Act, IS U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part 1—Findings of Fact
Q (l) The defendant is charged with an offense described in IS U.S.C. § 3l42(f)(l) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense tfa circumstance giving rise to federal jurisdiction had existed that is
Q a crime of violence 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
lk
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in l8 U.S.C.
§ 3 l42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (l) 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 ofthe defendant from imprisonment
for the offense described in finding ( l ).
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
safety oftan) other person(s) and thc community. l further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(l) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofirnprisonment often years or more is prescribed in .
Q under IS U.S.C. §924(e).
Q (2) The defendant has not rebutted the presumption established by finding l that no condition or combination ofconditions will reasonably assure
the appearance ofthe 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 ofanother person or the community.
Part II—~Written 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 ofthe evidence: Defendant is charged with illegal re-entry after deportation. He dtd not contest the govemment’s motion for detention, but
reserved the right to do so at a later time which was granted. Defendant also waived his right to a preliminary hearing. Therefore, relying upon
thc government complaint and affidavit the evidence against defendant is substantial to show that he rc-entered the US without appropriate authority
or permission., He has two other illegal entries to the US, one in Louisiana and the other in Ohio. He also has been convicted ofother criminal
charges including resisting arrest and criminal damage. He has used l l different aliases and six different dates of birth giving him the chameleon
ability to change his identity at will which makes him a risk of flight, an independent basis for his detention in addition to not opposing the
government`s motion for detention.

Case 1:08-mj-00080-UNA Document 6 Filed O4/15/2008 Page 2 of 2
AO 472 (Rev. 3lR6) Order nt`l)etention Pending Trial
Part llI—Direeti0ns 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 prtvate 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 ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding.
April 15, 2008 /
Date Srgnrtture 0f.}url:cia jj? r
Mary Pat Thynge, Magtstrate Judge
r\/miie and Title 0fJudicic1I Ojicer
*lnsert as applicable: (a) Controlled Substances Act (2l U.S.C. § SOI er seq ); (b) Controlled Substances Import and Export Act (21 U.S.C. §95l er
seq.); or {c) Section l ofAct ofSept. 15, l9S0 (2i U.S.C. § 955a).

Case 1:08-mj-00080-UNA

Document 6

Filed 04/15/2008

Page 1 of 2

Case 1:08-mj-00080-UNA

Document 6

Filed 04/15/2008

Page 2 of 2