Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—00087-SLR Document 9 Filed 07/02/2007 Page 1 of 2
ss-. AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNTTED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Alfredito Campusano Case C E O",}- ..
Defendant
In accordance with the Bail Refomn Act, 18 U.S.C. § 3142(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 (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(l) and has been convicted ofa 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. §3156(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
>l<
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 1 42(f)(l )(A)—(C), or comparable state or local offenses.
Q (2) The offense described in Ending (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 tive 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 the community. 1 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 often 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 finding l that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
defendant was indicted on the charge ofreentry after deportation.
Part II—Written Statement of Reasons for Detention
I find that the credible testimony and infonnation submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: At the time of his detention hearing after consulting with counsel, defendant did not oppose the govemnment’s motion for
detention. Defendant was advised since there was no opposition that he would be detained. Further, a detainer has been issued by ICE which would
have prevented defendant’s release and the evidence against defendant is substantial.
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Case 1:07-cr—00087-SLR Document 9 Filed 07/02/2007 Page 2 of 2
Part III——Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for conhnement 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
Govemment, the person in charge ofthe corrections facility shall deliver the defendant t ' tes marshal for the purpose ofan appearance in
connection with a court proceeding.
Jane 28, 2007
Date Szgmrlure 0j`Judicia/ O
-·1ary Pat Thynge, Magist te Judge
Name and Tit/e 0fJudicicz/ Omcer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § SOI et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).