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United States v. Delgado

July 28, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN DELGADO DEFENDANT.



The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

A. Order for Detention

On July 25, 2008, after conducting a detention hearing pursuant to 18 U.S.C. § 3142(f) of the Bail Reform Act, the Court denies Delgado's motion for reconsideration (Doc. 11) orders the Delgado detained pursuant to 18 U.S.C. § 3142(e) and (i).

B. Statement of Reasons for the Detention

The Court orders the defendant's detention because it finds:

By a preponderance of the evidence that no condition or combination of conditions will will reasonably assure the appearance of the defendant as required.

X By clear and convincing evidence that no condition or combinations of conditions will reasonably assure the safety of any other person and the community.

C. Findings of Fact

The Court's findings are based on the evidence which was presented in Court and that which was contained in the Pretrial Services Report, and includes the following:

X 1. Nature and circumstances of the offense charged:

a. The crime:

Count 1

Felon in possession of a firearm, in violation of 18 U.S.C. §922(g)(1);

Penalties: Not more than 10 years imprisonment, a $250,000.00 fine, or both, and not more than 3 ...


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