Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00014-SLR Document 10 Filed 02/15/2007 Page 1 of 2
% 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
Rafael Jose Santiago Case CK O'}, -
Defendant
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
lj (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(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 a crime 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 tenn ofimprisonment often years or more is prescribed in
>l¢
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. A
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 ofthe defendant from imprisonment
_ _ _ for the offense described in finding (1). v_ _ _ _
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) ~ · -
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 Q2] USC § 841 .
, - Q under 18 U.S.C. § 924(c). » .
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) _ Q
(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
‘ 1 find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-—
derance of the evidence: Defendant is charged with knowingly distributing cocaine. Defendant was born in Puerto Rico where his parents and two
brothers still reside. One brother is presently incarcerated in a DE facility. He has a sister who lives in DE and an ex-wife and children residing in
this state. Defendant has worked at New Creations (barber shop) for 4 years, with the last two as tie owner. Most past violations are for
speeding or other trafHc related offenses.
Regarding the nature ofthe offense, defendant was found with a loaded firearm and the drugs. Defendant did not contest detention at this time but
reserved the right to do so in the future which was granted. In light ofthe present charge and the fact that a weapon was also found on or near his
person, the court finds that there are no conditions or combination thereofthat will reasonably assure the safety ofthe community.
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Case 1:O7—cr—OOO14-SLR Document 10 Filed O2/15/2007 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 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
Government, the person in charge ofthe corrections facility shall deliver the defenda to the U ' d States marshal for the purpose of an appearance in
connection with a court proceeding. [ 0
February 15. 2007 % yl at
Date / Signature of./udic = - ·
r ary Pat Thynge, Magistrate Judge
Name and Title of Judicial Omcer
*Insert 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 ez
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).