Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—O0069-GIVIS Document 12 Filed 07/02/2007 Page 1 of 2
AO 472 (Rev. 3/86) Order ofDetention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OE AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jamon R. Simmons Case C Q01, ..
Defendant
ln accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 conclude 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. § 3142(f)(1) 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 18 U.S.C. § 3156(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 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.
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 ofnot more than five years has elapsed since the Q date of conviction 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. I further find 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 pescribed 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 communZty.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
defendant was indicted on the charge of felon in possession ofa firearm in violation of18 USC §§ 922 & 924
Part II—Written Statement of Reasons for Detention
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: At the time of his detention hearing after consulting with counsel, defendant did not oppose the governnment’s motion for
detention. Defendant was advised since there was no opposition that he would be detained. Further, defendant has a substantial criminal history
including escape after conviction in June 2007, burglary 2d in 2000 and two assault 3“’ in 2000 for which he was found VOP on two occasions in
2004. Defendant was convicted ofpossession with intent to deliver a controlled Schedule I substance for which he was found VOP in September
2004, November 2004, August 2005 and June 2007. Defendant was on state supervision at the time ofthis offense.
I I F l L E D f
J UL 2 2007
LIS. DISTRICT COURT
DISTRICT UF DELAMRE

Case 1 :07-cr—OOO69-GIVIS Document 12 Filed 07/O2/2007 Page 2 of 2
its AO 472 (Rev. 3/86) Order ofDetention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed tothe custody ofthe Attomey 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 th- e · ` =· to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. 2 D
/ I
_ ..-2-... . .aW'»".1‘--z...- ?__;
Date Si na! m'icial Oyfcer
Mary Pat ynge, Magistrate Judge
Name and Title 0fJudicial Oyjicer
*Insert 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 ez
seq.); or (e) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).