Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00054-G MS Document 17 Filed 05/O9/2008 Page 1 of 2
% A0 472 (Rev. 3/B6) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jose A. Torres Case {
Defendant
ln 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 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. § 3142(f)(l) and has been eonvicted 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 erime ofviolence 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
I
Q a felony that was committed after the defendant had been convicted of wvo or more prior federal offenses described in 18 U.S.C. Z __ _,
§ 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 ftom imprisonment
_ for the offense described in finding (l). _
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no eondition 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 rcbutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has committed an offense
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 rcbutted 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) _ _
(1) There is a serious risk that thc 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
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence X a prepon-
derance of the evidence: The court concludes that defendant should be detained in that there are no conditions or combination thereof that will
reasonably assure defendant’s appearance as required on the following bases:
Nature of the offense: Although defendant is not charged with a rebuttable offense, but is charged with violations of 18 USC § 371 (conspiracy),
18 USC § 1028 ( fraud in connection with ID documents), social security fraud under 42 USC § 408 and aggravated 1D theft under 18 USC §
1028, defendant’s activities involved an extensive amount of fraudulent [D documents (legitimate documents but not for the legitimate persons) '
from Puerto Rico. When arrested alter leaving in Puerto Rico for 4 years (after his return from DE), defendant was found with a fraudulent
SS card on his person.
Weight of the Evidence: As indieated this was an extensive investigation involving multiple search warrants for packages coming fztom PR to DE
with confirmed ID documents in those packages whieh were obtained by defendant. Defendant was indicted on the charges.
Nature and characteristics of defendant: Beeause the documents are legitimate but illegally used, and defendant had a like document on his person
when arrested, defendant still was engaged in fraudulent behavior in PR, the same location where he obtained the documents. Those documents were
sold within the US. This shows that defendant has the means and ability to continue to obtain like documents while on bail. This provides the
means for him to flee or not retum to court by easily obtaining another identity. Secured bail provide by his sign cant other Fvith h m h
lived with for 4 years, but who has provided support to him in PR will not detain him. Defendant left his significgt other to esselihafy fehd ftp l
herself raise their two children, as well as, his daughter from a prior marriage and her child for the past 4 years, while atlfgsame time she has
provided support for him. She may be trusted to a degree, but there is no evidence that defendant can be trusted, ‘
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Case 1:08-cr-00054-Gl\/IS Document 17 Filed 05/O9/2008 Page 2 of 2
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"‘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 ex
seq.); or (c) Section l ofAct of Sept. 15, 19BO (21 U.S.C. § 955a).

Case 1:08-cr-00054-GMS

Document 17

Filed 05/09/2008

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Case 1:08-cr-00054-GMS

Document 17

Filed 05/09/2008

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