Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00049-JJF Document 17 Filed 04/10/2007 Page 1 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Gilberto Zarco Case K - L.` Ci ,- -
De)%/zdam C U /T-I Dr
ln 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 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)(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 federaljurisdiction had existed that is
Q acrime ofviolence 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
*
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)(1)(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 ofnot 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. l further find that the defendant has not rebutted this presumption,
Alternative Findings (A)
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in 21 USC § 841 .
Q under 18 U.S.C. § 924(e).
X (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(l) 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 hnd that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: The court finds that there are no conditions or combination thereofthat will reasonably assure the defendant’s appearance
as required and the safety ofthe community because:
l. the type of offense - serious drug related matter ofdistribution ofcocaine
2. the significant evidence against defendant when viewing the totality ofthe circumstances. Defendant was involved in a controlled sale.
3. Defendant’s past criminal history includes an unlawful sexual contact 2003 conviction for sexually assaulting his 17 year old neice.
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Case 1 :07-cr-00049-JJF Document 17 Filed 04/10/2007 Page 2 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey 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. _,..
/` . / /
April 10,2007 ,%€’?· __ /1.--’< j (_ _
Date Signature 0f./11 iq ui meter
Mary Pat Thynge, M/agistrate Judge
Name and Title of./udicial Omcer
*Inscrt as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.), (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section 1 of Act ofSept. 15, 1980 (21 U.S.C. § 955a).