Free Order of Detention - District Court of Delaware - Delaware


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Date: December 17, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00144-SLR Document 6 Filed 12/17/2007 Page 1 of 1
At) 472 (Rev. 12/03) Order of Detention Pending 1`rial
District of
UNl'1`l·jD STATES OF AMEIUCA
V. ORDER OF DETENTION PENDING TRIAL
Miguel A. l\/la|donado—Benitez Case Number: 07-144-SLR
/_)e/ém/¢r/r/
In accordance with the Bail Reform Act. 18 U.S.C. § 3142 , a detention hearin > has been held. lconeltrde that the following facts rctuire the
. e 1
detention ol`thc defendant pending trial in this case.
Part I—Findings of Fact
Q (1) '1`hc defendant is charged with an offense described in 18 U.S.C. § 3142(l)(1) and has been convicted ofa Q federal offense Q state
or local offense that wotrld 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. § 3 1 56(a)(4).
Q an offense for wltich the maximum sentertce 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 oftwo 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) 'fhe 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 live years has elapsed since the Q date ofconviction Q release ofthe defendant from imprisonment
l`or the offense described in finding (1).
Q (4) findings Nos. (I). (2) and (3) establish a rebtrttable presumption that no condition or combination ofconditions will reasonably assure thc
safety of(art) other person(s) and the community. 1 further find that tlte defendant has not rebutted this presumption.
Alternative Findings (A)
Q (1) fherc is probable cause to believe that the defendant has committed an ol`fense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 l).S.C. § 92¢l(c).
Q (2) I'he defendant has not rcbuttcd the presumption established by finding 1 that no condition or corrtbination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (1) 'fherc is a serious risk that the defendant will not appear.
Q (2) '1`ltcre isa serious risk that the defendant will endanger the safety ofanother 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 D clear and convincing evidence X a prepon-
derancc of the evidence that
'fhc 1)efcndant waived his right to a detention hearing, Based on the report ofthe Probation Office, and other information before the Court —
including that the Defendant has been indicted l`or illegal re-entry to the U.S. following deportation and there is an outstanding irnmigration detainer
— the Court finds by a preponderance ofthe evidence that no combination ofconditions could reasonably assure that thc Defendant would appear
for all Court events in this rnattcr.
Part 1II—Direetions Regarding Detention
lhc defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable. l`rom persons awaiting or serving sentences or being held in custody pending appeal. The dcfcrrdant shall bc afforded a
reasonable opportunity l`or private consultation with defense counsel. On order of a court ofthe United States or on request of an attorney for the
Government. the person in charge ofthe corrections facility shall deliver the defendant to t United "` dies marsl 1 for thc pttrpose of an appearance
in connection it ith a court proceeding.
kg cJrt2./ lr) U ¤`r "
r)atc , `ignal _./irc/gr:
Mir/ac and Ti!/e _, lac/ge
*lnscrt as applicable: (tt) Controlled Substances Act (21 U.S.C. § 801 etseq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 95l
cr seq.); or (e) Section 1 ol`Act of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00144-SLR

Document 6

Filed 12/17/2007

Page 1 of 1