Free Order of Detention - District Court of Delaware - Delaware


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Date: December 3, 2007
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Case 1 :07-cr-00158-GIVIS Document 1 1 Filed 12/O3/2007 Page 1 of 2
rar AO 472 (Rev I2/O3) Order of Detention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
JULIO GONZALEZ Case Number: O7—l58—UNA
Defendant
In accordance with the Bail Reform Act, 18 USC. § 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 I—Findings of Fact
Q (I) The defendant is charged with an offense described in l8 USC. § 3l42(f`)(l) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence as defined in 18 USC. § 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
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in l8 USC.
§ 3 l42(t)(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 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 (I).
Q (4) Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combination ofconditions will reasonably assure the
safety ol`(an) other person(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(I) There is probable cause to believe that the defendant has committed an off`ense
for which a maximum term ofimprisonment often years or more is prescribed in .
under l8 USC. § 924(c). a
(2) The defendant has not rebutted the presumption established by finding I that no condition or com ination ofcopliliolf xEl iBsonably assur
the appearance ofthe defendant as required and the safety ofthe community. -_._._Y.r
Alternative Findings (B) \
X (I) There is a serious risk that the defendant will not appear. B __ ·;.l·-V-.-; -
i c I t . . _ i L _ t_JJ
(2) Ihere is a serious risk that the defendant will endanger the safety ofanother person or the com: unity.

i.,_,_,_.,.,.....................
Part Il——Written Statement of Reasons for Detention
I find that the credible testimony and inf`ormation submitted at the hearing establishes by [I clear and convincing evidence X a prepon-
derance ofthe evidence that
Based on the report ofthe Probation Office. and other inf`ormation provided to the Court at the detention hearing, the Court finds that the
government has proven by a preponderance ofthe evidence finds that no combination of conditions could reasonably assure that the Defendant
would appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ol`the offense: the Defendant has been indicted on five counts, all ofwhich relate to possession or transfer of
identification documents, including knowingly forging and transferring a Resident Alien card, buying and selling a social security card, and
possessing with intent to transfer tive or more identification documents.
the weig ht ofthe evidence: is strong. A grand jury found probable cause. Moreover, the affidavit in support ofthe related criminal complaint
describes an undercover operation during which the Defendant promised or arranged to sell identification documents.
the history and characteristics ofthe Defendant: Defendant came to this country legally from Ecuador but overstayed his visa. There is an ICE
detainer on him. Ifhe is not detained, there is a chance that he will be deported before this case can be concluded, meaning release may lead to
his non-appearance at f`uture proceedings. As the Defendant is facing a likelihood ofeither deportation or prison time, and apparently has
access to false identification documents, there is a significant risk that, if released, he would not appear for all proceedings. This risk persists
despite the Defendants age (ol). his extensive family contacts within this District, his employment as a teacher, and has prior apparently
positive contacts with the federal and local govcrninent.
the nature and seriousness ofthe danger to the community that would be posed bv the Defendant’s release: this factor does not strongly support
detention in this case.

Case 1 :07-cr-00158-GIVIS Document 11 Filed 12/O3/2007 Page 2 of 2
AO 472 (Rev. 12/O3) Order oflJetention Pending Trial
Part III—Direetions 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 private consultation with defense counsel. On order ofa coun ofthe United States or on request of an attorney for the
Government. the person in charge ofthe corrections facility shall deliver thedefendan to the United States marshal for the purpose ofan appearance
in connjetion with a coun proceeding. fl Q w
i,;.,Jl» Date Signature 0fJudge
Leonard P. Stark U.S. Magistrate
Name and Tit/e of./udga
*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
at seq.); or (e) Section 1 ofAet ot`Sept. 15, 1980 (21 U.S.C. § 955a).

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Case 1:07-cr-00158-GMS

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