® AO 472 (Rev. 3/86) Order ofDetention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Isreal Mazariegos-Ortiz Case © J
Defendant Km .
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 conclud 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. § 3l42(f)( I) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense i|`a circumstance giving rise to federal jurisdiction had existed that is
Q a crime ofviolence as defined in 18 U.S.C. § 3l56(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 described in 18 U.S.C.
§ 3 l42(f)(l)(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 ofconviction 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. l further ind 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 finding 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(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 ofanother person or the community.
Part II—Written Statement of Reasons for Detention I
I ind 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 reserve the right to do so in the future which was
granted. Defendantt has been ordered deported previously after entering the US illegally.
He admitted that he is a citizen of Guatemala, his deportation and his return to the US without permission. Fingerprint
comparison confirmed that he is Mazariegos-Ortiz who has been deported previously. He cannot have any steady employment nor any confirmed
residence. He has used an alias to avoid detection. He was deported because ofhis criminal activity in the US and is subject under the present
offense to 20 years imprisonment.
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Case 1 :07-cr-00148-GIVIS Document 5 Filed 10/19/2007 Page 2 of 2
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 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 ofthe corrections facility shall deliver he def i to the United States marshal for the purpose of an appearance in
connection with a court proceeding.
October 19, 2007 A ` "' I- LQ,
Date `- Sign K. Jur/[cial Ojficer
Mary Pat ·ynge, Magistrate Judge
Name and Title 0fJudicia/ Omcer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).
Case 1:07-cr-00148-GMS
Document 5
Filed 10/19/2007
Page 1 of 2
Case 1:07-cr-00148-GMS
Document 5
Filed 10/19/2007
Page 2 of 2
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