Free Order of Detention - District Court of Delaware - Delaware


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Date: February 16, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00015-JJF Document 9 Filed 02/15/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DELFENTION PENDING TRIAL
Mygor Rene Ruano Case Q [hq - { g -
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 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)(1) 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 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 ofimprisonment often 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 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. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A) ’ V 1
(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 .
r , . Q- under 18 U.S.C. § 924(c). . ~
Q . (.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) . _ .\
X (1) There is a serious risk that the defendant will not appear. i
X (2) There is a serious risk that the defendant will endanger the safety of anotlrer person or the community.
A Part II—Written Statement of Reasons for Detention I
l find thatthe credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon—·
derance ofthe evidence: Defendant is charged with re-entry after deportation. Defendant did not contest detention but reserved the right to do so in
the future which was granted. IN addition, the court finds that there are no conditiors or combination thereofthat will reasonably assure defendant’s
appearance as required and the safety of the community on the following bases:
1. the evidence against defendant is substantial having been previously deported from the US on two prior occasions. Confirmation ofdefendant
as the deportee was made. ‘
2. Defendant is a Guatemalan citizen. _ _
3.. Although defendant is currently employed as a chicken catcher in southern DE, in light of his present status said employment could not continuei
4. ICE has a pending detainer.
5. In addition to his deportations in 2000 and 2002, defendant has been convicted of battery 3d degree in Arkansas and wasjust recently convicted
in DE ofpossession of cocaine (a lesser offense than the numerous drug offenses for which he was originally charged which included distribution).
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Case 1 :O7—cr-00015-JJF Document 9 Filed O2/15/2007 Page 2 of 2
Q AO 472 (Rev. 3/86) Order ofDetention Pending Trial
Part III—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
Govemment, the person in charge ofthe corrections facility shall deliver the def · e { - s e United States marshal for the purpose of an appearance in
connection with a court proceeding. /,/'
-
Februagy 15, 2007 / A , _ - .-A
· Date I Signature Q lic e' Ojicer
Mary Pat Thynge, Magistrate Judge
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 ofAct of Sept. 15, 1980 (21 U.S.C, § 955a).