Release Deportation Or Exclusion Order Of Detention Pending Trial {AO 472}

<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.O AO 472 (Rev. 12/03) Order of Detention Pending TrialUNITED STATES DISTRICT COURT District ofCalendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)UNITED STATES OF AMERICAV.ORDER OF DETENTION PENDING TRIAL Case Number: DefendantIn accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I conclude that the following facts require the detention of the defendant pending trial in this case.Part I Findings of Fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .G federal offense G state or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed -that isG (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted of aG a crime of violence as defined in 18 U.S.C. § 3156(a)(4). G an offense for which the maximum sentence is life imprisonment or death. G an offense for which a maximum term of imprisonment of ten years or more is prescribed inTHE PEOPLE OF THE STATE OF NEW YORK TO.*G a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. § 3142(f)(1)(A)-(C), or comparable state or local offenses. G (2) The offense described in finding (1) was committed while the defendant was on release pending trial for a federal, state or local offense. G (3) A period of not more than five years has elapsed since the G date of conviction G release of the defendant from imprisonment for the offense described in finding (1). G (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. I further find that the defendant has not rebutted this presumption.GREETINGS:Alternative Findings (A)WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the HonorableG (1) There is probable cause to believe that the defendant has committed an offense G for which a maximum term of imprisonment of ten years or more is prescribed in.,G under 18 U.S.C. § 924(c). G (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community.located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomAlternative Findings (B)G (1) There is a serious risk that the defendant will not appear. G (2) There is a serious risk that the defendant will endanger the safety of another person or the community.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply., one of the Justices of thePart II Written Statement of Reasons for DetentionCourt in Witness, Honorableday of, 20 County,I find that the credible testimony and information submitted at the hearing establishes byG clear and convincing evidence G a prepon-derance of the evidence that(Attorney must sign above and type name below)Attorney(s) forPart III Directions Regarding Detention ThedefendantiscommittedtothecustodyoftheAttorneyGeneralorhisdesignatedrepresentativeforconfinementinacorrectionsfacilityseparate, 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 of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in connection with a court proceeding.Office and P.O. AddressDateSignature of JudgeTelephone No.: Facsimile No.: E-Mail Address:Name and Title of Judge*Insert 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 et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.com</document>