Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—001 19-JJ F Document 9 Filed 06/13/2008 Page 1 of 2
e AO 472 (Rev. 3/86) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Hector Cisneros Case Q - Ci ,
Defendant C \ \ C M 5
In accordance with the Bail Refomr Act, IS U.S.C. § 3142(f), a detention hearing has been held. I conclude that thc following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(f)(1) 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 of violence as defined in 18 U.S.C. § 3 1 56(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 (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 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 rcbutted 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 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 II-Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clcar and convincing evidence a prepon-
derance of the evidence: Defendant is charged with re-entry after deportation. He did not oppose the govemment’s motion for detention at this time.
In addition, defendant should be detained for the following reasons; .
1. He has not ties to the United States- all of his children reside in Mexico along with his immediate family except for one brother.
2. As a potentially illegal alien he cannot work.
3. Defendant has committed a number of offenses incuding assault 3d, reckless driving, DUI (at least 3) for which a number of capiases have been
issued for FTAs. At the time he was arrest, defendant was on parole for a DUI conviction in PA. He claims to have been living with friends, but has
no verifiable residence. He clearly has a problem with alcohol.
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Case 1 :07-cr—001 19-JJF Document 9 Filed 06/13/2008 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 thc Attomey General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or sewing 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
Govemmcnt, the person in charge of the corrections facility shall deliver the defend ited States marshal for the purpose of an appearance in
connection with a court proceeding.
June 12, 2008
Date Signatur J 'cfal Ojicer
Mary Pat Thyn gc, Magistrate Judge
Name and Title ofjudfcial Oficer
*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 ei
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00119-JJF

Document 9

Filed 06/13/2008

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Case 1:07-cr-00119-JJF

Document 9

Filed 06/13/2008

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