Free Order of Detention - District Court of Delaware - Delaware

Case 1:05-cr-00108-GMS
Qa A 0 472

Document 13

Filed 02/14/2006

Page 1 of 2

(Rev. 3/86) Order of Detention Pending Trial

District of
UNTED STATES OF AMERICA

Delaware

ORDER OF DETENTION PENDING TRIAL
Andres Valleio-Martinez
Defendant

CaseNurnber:

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In accordance with the Bail Reform Act, 18 U.S.C. § 3 142(f), a detention hearing has been held. I conclude that the following facts require the detention of the defendant pending trial in this case.

Part I-Findings

of Fact
state

federal offense (1) The defendant is charged with an offense described in 18 U.S.C. 5 3142(f)(1) and has been convicted of a or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is a crime of violence as defined in 18 U.S.C. $ 3156(a)(4). 17 an offense for which the maximum sentence is life imprisonment or death. an offense for which a maximum term of imprisonment of ten years or more is prescribed in

*

(4)

(1) (2)

X X

(1) (2)

a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. 9 3 142(f)(l)(A)-(C), or comparable state or local offenses. The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense. A period of not more than five years has elapsed since the [7 date of conviction [7 release of the defendant fiom imprisonment for the offense described in finding (1). 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) There is probable cause to believe that the defendant has committed an offense for which a maximum term of imprisonment of ten years or more is prescribed in under 18 U.S.C. 924(c). The defendant has not rebutted the presumption established by finding 1 that no condition or combinationof conditions will reasonablyassure the appearance of the defendant as required and the safety of the community. Alternative Findings (B) There is a serious risk that the defendant will not appear. There is a serious risk that the defendant will endanger the safety of another person or the community.

Part 11-Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a preponderance of the evidence: Defendant was charged with illegal re-entry after deportation as an aggravated felon. The evidence shows that defendant was arrested in December 5 for a drivna offense and false imersonation. retxesentina himself as Juan Calderon with a PA address. When in t e ~ e w e d ICE, defendant admitted to his prior removal from the US, that he was deported in January 2003 and returned to the US without by permission in June 2005 and the Ice file confirms that defendant did not reapply for admission.. Defendant's license to driver is currently revoked and suspended. The last known address is according to DMV records which are obviously dated. No other addresses are presently known to this court since defendant refused an interview with Pretrial Services. No present employment history is known or wherabouts since his return to the US. Defendant is a sexoffender required to register. Record checks confirm that defendant has failed to do so. His prior conviction that lead to his deportation has an aggravated felon were two unlawful sexual contact with two minor females. Therefore, in light of the above, there are no conditions that will reasonably assure defendant's appearance as required or his abidance with any terms or conditions of pretrial release.

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Case 1:05-cr-00108-GMS
A 0 472 (Rev. 3/86) Order of Detention Pending Trial

Document 13

Filed 02/14/2006

Page 2 of 2

Part II-Directions

Regarding Detention

The defendant is committed to the custody of the 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 of the corrections facility shall d ited States marshal for the purpose of an appearance in connection with a court proceeding.
February 13,2006 Date

Mary Pat Thynge, ~ & g t & aJudge te

Name and Title o Judicial Oficer f *Insert as applkable: (a) Controlled Substances Act (21 U.S.C. $ 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. 95 1 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. $ 955a).