Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr—OOOO6-SLR Document 9 Filed O1/22/2008 Page 1 of 2
in AO 472 (Rev. 3/S6) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AIVIERICA
V. ORDER OF DETENTION PENDING TRIAL
Robert DeLeon—Perez Case 0 O _,
{
Defendant L "
In accordance with the Bail Reform Act, IS U.S,C. § 3 l42(f), a detention hearing has been eld. 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. § 3 142(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 federaljurisdiction had existed that is
Q a crime of violence as defined in IS 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 ofimprisonment 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. _
§ 3142(f)(I)(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_
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination ofconditions 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)
_ V (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 IS 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.
X (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 nnd that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant did not oppose detention but reserved the right to have the detention order reviewed in the future should further
evidence become available on the issue ofdetention which was granted. Defendant is charge with re-entry after deportation in violation of8 USC
§ 1326 (a) &(b) as an aggravated felon. ICE documents show that defendant was born in Guatemala, has used various aliases and ws deported.
l—le was convicted of Burglar 2d and aggravated menacing in 2003, for which a capias was issued for VOP and defendant was discharged from
probation as unimproved. Based on the aforementioned facts, detention is warranted and there are no conditions or combination thereofthat
will reasonably assure defendant’s appearance as required and the safety ofthe community.
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Case 1:08-cr—OOOO6-SLR Document 9 Filed O1/22/2008 Page 2 of 2 ·
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for coninement in a corrections facility separate,
to the extent practicable, from persons awaiting or serving sentences or being heltl 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. O
' Januag 22, 2008 '/ 2..% ’ an n Le.; L_ i
Date . `_ Sz`gnntu .g ud/cini Omcer
Mary Pat 'lhynge, Magistrate Judge
Name and Title 0fJudiciaI Ojjicer
*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 1 ofAct ofSept, 15, 1980 (21 U.S.C. § 955a),

Case 1:08-cr-00006-SLR

Document 9

Filed 01/22/2008

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Case 1:08-cr-00006-SLR

Document 9

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