Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00120-SLR Document 6 Filed 08/14/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Manilo Yovani Martinez-Rodriguez Case Oi`,-
Defendant M
In accordance with the Bail Reform Act, I8 U.S.C. § 3I42(t), 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 IS 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 ifa circumstance giving rise to federal jurisdiction had existed that is
Q a crime ofviolence as defined in IS 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 of imprisonment often years or more is prescribed in
>l¤
Q afelony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C.
§ 3 l42(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 (4) 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)
(I) 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 I8 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by tinding 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.
(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 End that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence X a prepon-
derance of the evidence: Defendant is charged with transporting illegal aliens in violation of 8 USC § l324. The evidence or information from
Pretrial Services shows that he is also illegally in the United States. Defendant has a prior record of assault against a significant other/spouse or
paramour. Defendant does not oppose the Governrnent’s motion for detention at present but reserves
the right to do so in the future. The court confirmed with defendant the understanding of his right to have a detention hearing. In light of these
facts including that defendant is illegally in the US, the court finds that there are no conditions or combination thereofthat will reasonably assure
defendant’s appearance as required. Further, he has not address near thisjurisdiction, but has been residing with his girlfriend, who is also charged
with this same offense and resides in Texas.
F I I E D I
IIS. E'Siii‘ICT EGLFIT AI
UISTHIQI DF IZ{Q£=*·‘?i::YE

Case 1:07-cr-00120-SLR Document 6 Filed 08/14/2007 Page 2 of 2
@1 AO 472 (Rev. 3/86) Order of Detention Pending Trial _
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 attomey for the
Government, the person in charge ofthe corrections facility shall deliver ttre_defendatTt'E the nited States marshal for the purpose ofan appearance in
connection with a court proceeding.
August 13, 2007 ·‘
Date /'/V Signature of ur rc I Oj]7cer
Mary Pat Thynge, Magistrate Judge
Name and Title 0f./ua'icia/ Oyfcer
*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 1:07-cr-00120-SLR

Document 6

Filed 08/14/2007

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Case 1:07-cr-00120-SLR

Document 6

Filed 08/14/2007

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