s/LB

United States District Court

EASTERN DISTRICT OF NEW YORK
UNITED STATES OF AMERicA
ORDER OF DETENTION PENDING TRIAL V. .
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Case Number:
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In accordance with ,he Elail Reform Act. 18 U.S.C. 3142(1). a detention hearing has been held. I conclude that the following faclS ..
require the detention of the defe'ndant pending trial in this case.
.. Part I - Findings of Fact
(I) Thcdefendant is charged with an offense described in 18 U.S.C. 3142(f)( I) and has been convicted ora (federal offense)
- (State or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed)
that is
acrimc as defined in 18 U.S.C. 31 56(a)(4).
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- an offcnse for which the maximum sentence is lifc imprisonmcnt or dcath.
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-an offense for which a maximum term of imprisonmcnt of ten years or more is prescribed in, ________ _
felony that was committed aftcr thc defcndant had been convictcd of two or more prior federal offense described in
18 U.S.C. 3142(t)( I)(A)-(C), or comparablc state or Iqcal offenses.
_(2) The offense described in finding ( I) was committed while the defendant was on release pending trial for a federal. state or local
offense.
__ (3) A period of not more than five years has elapsed since the (date of conviction)(release of the defendant from imprisonment)
(or the offense described in finding ( J ).
(4) Thedcfendant has not rebuuellthc presumption established by finding Nos.( I). (2) and (3) that no condition or combination of
c;;;ditions will reasonably assure the safety of (an)other person(s) and the community.
-(I)
_(2)
_(I)
_(2)
Alternative Findings (r\)
Thcre is probable cause to believe that the defendant has committed an offense
_ ror which a ma'ICimum tcrm of imprisonment of ten years or more is prescribed ,.:L_______ _
_ under 18 U.S.C. 924(c). '
The defendant has not rebuttcd thc presumption established by finding ( I ) that no condition or combination of conditions
will reasonab!y, assure the appe,ar.ance of the defendant as,r-equired safety of the community.
AlternativcFindings (8)
There is a serious risk Ihlll Ihl: defendanl will not appear,
Thj:fC is a serious risk that thc defendant will endanger the safety of another person or the community.
Part II - Written Statement orl'thsons (or Detention
I lind that the crediblc testimony and information submitted establishes by a preponderance a/the evidencelclearand
convincing evidence that no conditions will reasonably assure defendant 3' appearance/the safety 0/ the community because
_ 4efendantlacks substantial tics to the community,
_ defendant is not a U.S. citizen and an illegal alien.
_ defendant has no stable history of employment.
_ dcfondant presented no credible sureties to assure his appearance:,.
"!!... butlcsve is granted to reopen and present a bail package il) fiiture.
_ defendant'S family resides primarily in '
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Part III - Directions Regarding Detention
The dcfendant is committed to the custody of the Attorney Genefal 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 consultation with defense counsel, On order of a court of the United States or on request
ofan attorney for the Government, the person In charge of the corrections faCility shall deliver the defendant to the United States marshal for
the purpose of an appearance in conncction with a court proceeding, -
I ,,; .201:3
Brooklyn. New York
Dated:
, I >.,
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UNITED STATES MAG/STRA TE JUDGE
Case 1:13-cr-00452-WFK Document 11 Filed 08/13/13 Page 1 of 1 PageID #: 99