Free Order of Detention - District Court of Delaware - Delaware

Case 1 :06-cr-00143-GIVIS Document 15 Filed 08/22/2007 Page 1 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Gregory Carter Case Q ` Q, .. G _
Defendant C O [
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. § 3 |42(f)(1) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is
Q a crime ofviolence as defined in 18 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 a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3l42(t`)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in Ending (1) 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 ofconviction Q release of the 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 ofconditions will reasonably assure the
safety of(an) other person(s) and the community. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A) i -
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in 21 USC § 841 .
Q under 18 U.S.C. § 924(c). =
XQ (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination ofconditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
_ Alternative Findings (B)
(1) 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
1 Gnd that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant did not oppose detention, but reserved the right to raise the issue later which was granted. Defendant ws indicted
so there is probable cause to support the various drug related offenses against him. All carry the possibility ofimprisonment in excess of 10 years
and therefore, the rebuttable presumption applies. In addition, defendant should be detained in light ofhis criminal history and other characteristics
including:
1. conviction in 1997 for possession with intent to deliver/maintain a dwelling for which he VOP on two occassions. Conviction for assault 1“ in
1997 for which he VOP in 2000. Arrest for flight to avoid prosecution (in PA) in 1999; conviction of fugitive fromjustice, distribution of Class B
substance in MA in 2001; reckless endangering 1S` (DE); possession of marijuana and distribution of CDS in NJ. Defendant’s criminal history mns
up and down the north eastern sea board.
2. Although defendant has been in and out of DE during the past 12 years, his ties here are minimal since family live in other states. 1-le has only
lived at his current address for 6 months and could not provide a previous history of residence. I-le has used several aliases and SS#. 1-lis
employment is as an independent barber — no other work history.
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Case 1 :06-cr—00143-GIVIS Document 15 Filed 08/22/2007 Page 2 of 2
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 attorney for the
Government, the person in charge ofthe corrections facility shall deliver the d ant to the United States marshal for the purpose of an appearance in
connection with a court proceeding,
/
Aum: st21, 2007 ,-0 'L-
Date Sig r ure ofJudicir1/ O/jicer
Mary at Thynge, Magistrate Judge
Name and Title oftludicial Ojfcer
*1nsert 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 er
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).