Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00147-GMS Document 13 Filed 1 1/20/2007 Page 1 of 2
Q AO 472 (Rev. 3/ 86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Oscar Laines Case C} Z U__\ Tb,.
Defendant U
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(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 (l) The defendant is charged with an offense described in l8 U.S.C. § 3l42(f)(l) and has been convicted 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 crime ofviolence as defined in 18 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 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.
§ 3l42(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 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)
(l) 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). b
Q (2) The defendant has not rebutted the presumption established by finding l that no condition or combination of conditions will reasonably assure
the appearance ofthe 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 1I—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 of the evidence: Defendant did not oppose detention but reserved the right to do so in the future which was granted. Defendant faces
numerous charges regarding conspiracy, credit card fraud and identification theft under l0 USC §§ 371, l028(a)(2), (7) & (S) and 42 USC § 408.
Most of his family resides in Hondurus. He lives with his girlfriend and has been employed with Mountaire in Selbyville, DE. Defendant is in
the United States on a temporary protective status visa which expires in 2008. Defendant’s ties to the community are minimal. He is a clear risk of
flight.
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Case 1 :07-cr-00147-GMS Document 13 Filed 1 1/20/2007 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part l]I»——Directions 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 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 of an appearance in
connection with a court proceeding.
!
November 19, 2007 ‘ __._ :__
Date Signature of.] ¤» I acer
Mary Pat Thynge, agistrate Judge
T Name and Title of Judicial Ojicer .
*1nsert 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 of Act ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00147-GMS

Document 13

Filed 11/20/2007

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Case 1:07-cr-00147-GMS

Document 13

Filed 11/20/2007

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