Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00022-SLR Document 8 Filed O4/10/2008 Page 1 of 1
ter AO 472 (Rev. I2/O3) Order ofDetention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
VALERIANO ORTIZ-FLORES, Case Number: 08-22-SLR
Defendant
In accordance with the Bail Reform Act, l8 U.S.C. § 3 I42(l‘), 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 18 U.S.C. § 3I42(f)(I) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed - that is
Q a crime ofviolcnce as defined in I8 U.S.C. § 3 l56(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 oftwo or more prior federal offenses described in IS U.S.C.
§ 3 1 42(f`)( I )(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 (I).
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)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q 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 rebuttcd the presumption established by finding I that no condition or combination of conditions 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.
Q (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
l find that the credible testimony and information submitted at the hearing establishes by I] clear and convincing evidence X a prepon-
derance ofthe evidence that
The Defendant waived his right to a detention hearing. Based on the report ofthe Probation Office, and other infomation before the Court —
including that the Defendant has been indicted for illegal rc-entry to the U.S. following deportation and there is an outstanding immigration detainer
— the Court finds by a preponderance ofthe evidence that no combination of conditions could reasonably assure that the Defendant would appear
for all Court events in this matter.
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in acorrections 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 ofthe 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 of an appearance
in connection with a court proceeding. ‘ ?
APRIL 10T", 2008 X/\ - .
Date Signature ofJz4dge
Hon. Leonard P. Stark
Name and Title cfJudge
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § SOI er seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
er seq.); or (c) Section l ofAct of Sept. 15, I980 (21 U.S.C. § 955a).

Case 1:08-cr-00022-SLR

Document 8

Filed 04/10/2008

Page 1 of 1