Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—OOOO2-SLR Document 5 Filed O1/O3/2007 Page 1 of 2
it AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNTTED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MIQUGI B31m3C€da-Vazquez Cgsg O L [ { M 1
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(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)(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. § 3156(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 __
>l<
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses descrgd in 18 U.S.C.
§ 3142(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 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).
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 Ending 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Altemative Findings (B)
X (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
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant is charged with illegal reentry after deportation.
A detention hearing was scheduled in December 2006 and at that time defendant did not contest detention but reserved
the right to have his detention reviewed at a later time which was granted by this court. In light of his waiver, and the strength of the evidence
propounded by the government against him, defendant was detained pending trial.
Further, defendant admitted that his birth place and citizenship is Mexico. He advised that he re-entered the US in August 2000 having been
deported previously in June 2000. After serving time for this offense, he was deported again in 2004. Prior to his recent arrest for a state offense,
defendant claims that he was doing roofing work for a friend. This employment could not be confirmed. He has a number of arrests including
possession ofa deadly weapon and assault 2d, violation of controlled substance and delivery (in Pennsylvania) for which a failure to appear warrant
was issued. This matter is still pending. In 1999, he pled guilty to trafficking in cocaine and his most recent arrest which lead to his discovery in
the US was for shoplifting. It is understand that ICE has or will place a detainer on him. He has no known address.
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Case 1:07-cr—OOOO2-SLR Document 5 Filed O1/O3/2007 Page 2 of 2
@1 AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant tothe United States marshal for the purpose of an appearance in
connection with a court proceeding. -
A, . ` _.·” if- _ .· · _. .`: H
Januag 2, 2007 .· ’/ " t `n7’Z L-rr _" X
Date -· l V Szgnrzzure of trlzp lO_mcer
l Mary Pat Thynge, Magistrate Judge
` ‘ ·’ I Name and Tit/e 0f./udicial Ojfcer
*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 ez
seq.); or (c) Section l ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).