% AO 472 (Rev. 12f03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
LAMARR MCELDERRY. Case Number: 08-134-M
Defendant
ln accordance with the Bail Refonn Act, 13 U.S.C. § 3142(f), a detention hearing has been held. I 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 l42(t)(l) 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
#
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)(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 live 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 pr umption.
Alternative Findings (A) l P _
X (1) T re is probable cause to believe that the defendant has committed an offense L I ( 5 L
¥ \, f0|‘ which 3 mH>
X (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)
Q (1) There is a serious risk that the defendant will not appear.
Q (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-; ' ; is : E- we ·; ·· z. ` ·· . I] clearandconvincingevidence I] aprepon-
derancc ofthe evidence that
The Defendant waived his right to a detention hearing. Based on the information before the Court - including the affidavit supporting the criminal
complaint which establishes, among other things, probable cause to believe that the Defendant, having been previously convicted of a felony crime
punishable by imprisonment for a term exceeding one year, was at the time of his arrest in possession of a firearm which traveled in interstate
commerce and that the Defendant possessed with intent to distribute a substance containing a cocaine base — the Court finds that the Defendant has
failed to rebut the statutory presumption that no combination of conditions could reasonably assure the safety of the community between now and
the time oftrial and that the Defendant would appear for all Court events in this matter.
Part lIl—·Directi0ns 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 ofa court ofthe United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance
in connection with a court proceeding. )
AUGUST 4T", 2008 »
Date Signature of Judge
Hon, Leonard P. Stark
Name and Title of Judge
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 etseq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
et seq.); or (c) Section l of Act of Sept. 15, 1980 (21 U.S.C. § 955a).
Case 1:08-mj-00134-UNA
Document 6
Filed 08/04/2008
Page 1 of 1
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