Free Order of Detention - District Court of Delaware - Delaware

Case 1 :05-cr-00039—Gl\/IS Document 12 Filed 05/25/2005 Page 1 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jeffrey A. Bentley Case Number: C
Defendant
In 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
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(l) and has been convicted of a 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 of violence 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 of ten years or more is prescribed in
·•·
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.
§ 3 142(f)(l)(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 of not more than five years has elapsed since the Q date of conviction 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 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)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten years or more is prescribed 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 of conditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
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.
Part II———Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence : The court finds that there are no conditions or combination thereof that will assure defendant’s appearance as required and
the safety of the community on the following bases:
1. Defendant is charge with crimes of violence, including armed robbery.
2. The evidence against defendant is strong including the identification by the owner of the liquor store that was robbed at gun point and
defendant’s admission to the offenses, how he obtained the weapon and addiction to crack.
3. At the time of these offenses defendant was on parol for robbery and firearms from a conviction in VI. His parole expiration is not until
July 14, 2006. At the time of these offenses defendant had not been on parole for a year.
4. Defendant admitted an addiction to crack and powder cocaine, which he used prior to his VI incarceration 15 years ago. Apparently he used
these dnigs throughout his incarceration and after his release in July 2004.
5. Defendant has only been in this community for 9 months prior to the present charges. According to defendant, he needed the money for drugs.
I MAY 2 5 2005 I
{_1

I

Case 1 :05-cr-00039—Gl\/IS Document 12 Filed 05/25/2005 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part IH——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 attomey for the
` Government, the person in charge of the corrections facility shall del' er e · e · · · t to th United States marshal for the purpose of an appearance
in connection with a court proceeding. » , A
May 5 2005 ( ·· ..*.11 ,... fx
Date j . Signature of J al 0 [7 cer
Mary Pat Thynge, ' agistrate Judge
Name and Title of Judicial Officer
*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).