Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr—OOOO4-JJF Document 8 Filed O3/24/2008 Page 1 of 2
% AO 472 (Rev. 3/S6) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER O DETENTIOE P NDING TRIAL
Carlos Gonzalez—Ortiz Case C . (H __ 3) J ,
Dejendan!
ln accordance with the Bail Reform Act, 18 U.S.C. § 3 1 42(f), a detention hearing has been held. I conclude that the following faets require the
detention of the defendant pending trial in this ease.
Part I-Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(i)(l) and has been convicted of a Q federal offense Q state
or loeal 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. § 3 156(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
Q an offense for which a maximum term of imprisomnent of ten years or more is prescribed in
·•·
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)(l)(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 ofthe 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 thc 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 18 U.S.C. § 924(c).
Q (2,) The defendant has not rebutted the presumption established by iindin g 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 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
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence; Defendant did not contest detention, but reserved the right to do so in the future which was granted. In addition, defendant
was convicted of rceeiving stolen property in 2007, however, prior to that conviction and for that offense, he had a capias issued for FTA. In March
2008, defendant was convicted of unlawful sexual contact lst degree and endangering the welfare of a child - charges that involved an 8 year old
girl for which he received credit for time served and probation, These incidents show that he in a risk of flight and danger to the community.
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Case 1 :08-cr—OOOO4-JJF Document 8 Filed O3/24/2008 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part HI-Directions Regarding Detention
The defendant is committed to the custody of the Attomey General or his designated representative for confinement in a correetions 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 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 defendant to the United States marshal for the purpose of an appearance in
connection with a court proceeding. K?
March 14, 2008 I hn
Date Signature of.1ndici cer -
ary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojficer
"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 et
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00004-JJF

Document 8

Filed 03/24/2008

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Case 1:08-cr-00004-JJF

Document 8

Filed 03/24/2008

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