Free Order of Detention - District Court of Delaware - Delaware


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Category: District Court of Delaware
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Case 1 :08-mj—OOO46-UNA Document 7 Filed O3/O4/2008 Page 1 of 2
% AO 472 (Rev. 3f86) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER O DETENTION PENDING TRIAL
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Dejendarrt
In accordance with the Bail Rcfomi Act, IS U.S.C. § 3l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this ease.
Part I-Findings of Fact
Q (I) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)( 1) and has been convicted of a Q fedcral 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 IS U.S.C. § 3 l56(a)(4).
Q an offense for which the maximum sentence is life imprisomnent 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 atter the defendant had been convicted of two or more prior federal offenses described in iS U.S.C. _
§ 3l42(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 eonviction 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) ‘
(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 IS U.S.C. § 924(c).
Q (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)
(1) 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 H—Written Statement of Reasons for Detention
I find that the credible testimony and infom1ation submitted at the hearing establishes by clear and convincing evidence a prepon-
deranee of the evidence: Defendant did not oppose detention at this time on the charges of misuse of alien registration and fraudulent docurnents,
violations under IS USC §§ l546(a) and lt)28 respectively. In addition, defendant has used two different dates of birth and all evidence shows that
defendant is a citizen of Mexico. His employment and financial resources are unknown, along with his present address and stability of residence
because defendant deelined to be interviewed by Pretrial Services for background infomiation. He has a pending DUI for which defendant has a
warrant for failure to appear.
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Case 1 :08-mj—OOO46-UNA Document 7 Filed O3/O4/2008 Page 2 of 2
¤ AO 472 (Rev, 3.*86} Order of Detention Pendimz Trial . . - .. ..
Name and T ide of Judicial Ojicer
*lnsert 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 et
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955:1).

Case 1:08-mj-00046-UNA

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Case 1:08-mj-00046-UNA

Document 7

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