Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-po—OOOO2-IVI PT Document 7 Filed O1/24/2007 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
Jose Antonio Nino-Contreras Case -· O2 {DO - {K/{ {T`-
Defendant
ln accordance with the Bail Reform Act, IS U.S.C. § 3I42(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 (I) The defendant is charged with an offense described in I8 U.S.C. § 3l42(f)(I) 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 of violence as defined in I8 U.S.C. § 3I56(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 of two or more prior federal offenses described in I8 U.S.C.
§ 3 I 42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) 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 (I).
Q (4) Findings Nos. (I), (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)
(I) 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 I8 U.S.C. §924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (I) There is a serious risk that the defendant will not appear.
ere is a serious ris t att e e en ant wi en anger t e sa ety o anot er person or t e community.
2Th` "I Part ll——Written Statement of Reasons for Detention
l find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant did not oppose the government’s motion for detention, but reserved the right to revisit the issue of detention
which was granted. Defendant is charged with illegal entry into the US . As a result, there are no conditions or
conditions or combination thereofthat will reasonably assure defendant’s appearance as required.
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Case 1 :07-po—OOOO2-IVIPT Document 7 Filed O1/24/2007 Page 2 of 2
as AO 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 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
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. nl /·/l
1/24/07
Date -· _ tgmz/ure 0fJu ria! jicer
Mary Pat Thynge, Magistrate Judge
Name and Title 0fJudicia/ 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).