Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00111-GIVIS Document 6 Filed 08/05/2008 Page 1 of 1
Q AO 472 (Rev. I2/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
THOMAS S. PENDLETON, Case Number: 08-1 I l—GMS
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this ease
Part I—Findings of Fact
Q (1) The defendant is charged with an of`fense described in 18 U.S.C. § 3142(f)(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 of violence as defined in 18 U.S.C. § 3 l56(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
·i·
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 U.S.C.
§ 3 l42(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 of`not more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in finding (I).
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. 1 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 often 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 ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety of`the community.
Alternative Findings (B)
X (I) 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 X clear and convincing evidence X a prepon-
derance ofthe evidence that
The Defendant waived his right to contest pretrial detention. Based on the Indictment. the report ofthe Probation Office, and the fact that
Defendant is already detained federally on other charges, the Court finds clear and convincing evidence that no combination of conditions could
reasonably assure the safety ofthe community between now and the time ofthe Defendanfs trial and further finds that no combination could
reasonably assure that the Det`endant would appear for all Court events in this matter.
Part Ill—Directions Regarding Detention
The defendant is committed to the custod » ofthe Attorne General or his desi nated re resentative for confinement in a corrections facili se arate,
It Y S P W P
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 a court ofthe United States or on request of an attomey for the
Govemment, the person in charge of`the corrections facility shall deiiver the f` nt to the Unit d Stat s marshal for the purpose of an appearance
in connection with a court proceeding. p
8/5/2008 L U" `g` ` JE K
Date Signature of Judge
Hon. Leonard P. Stark
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
etseq.); or (c) Section l of Act of Sept. I5, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00111-GMS

Document 6

Filed 08/05/2008

Page 1 of 1