Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00108-UNA Document 7 Filed 06/30/2008 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
Case I K
Michael Shivers Number: AA
Defendanr
In accordance with the Bail Refonn Act, 18 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. § 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. § 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 imprisomnent of ten years or more is prescribed in
I
Q a felony that was eomrnitted after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3l42(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 pcriod 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. l 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 imprisomnent of ten years or more is prescribed in .
Q under 1B U.S.C. § 924(e).
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 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 thc defendant will endanger the safety of another person or the comm ity. F I i. E D
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Part H—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 of the evidence: Defendant is charged with possession of a fireamr by a convicted felon in violation of 18 USC § 922 & 924. Defendant
waived his right to a preliminary hearing. The eourt finds that there are no conditions or combination thereof that will reasonably assure
defendant’s apperanee as required and the safety of the community because;
Nature of the Offense: Defendant is charged with a weapons offense of a serious nature for which danger may be shown.
Strength of the Evidence: Presently, the umefuted evidence shows that upon the execution of a search warrant, defendant was found in possession
of a functioning Florida Firearms Corp 32 caliber revolved which was made in West Germany. After being Mirandized, defendant admitted that he
found the firearm about 3 weeks ago and attempted to sell it on the street unsuccessfully. He then stored the weapon at his girlti·iend’s home in the
room of a child. He admitted sole possession of the firearm. As a result all of the elements of the offense exist and none have been disputed.
History & Characteristics of Defendant: Defendant has 19 previous arrests and is 27 years old. His prior conviction include; possession of a
deadly weapon by a person prohibited in 2006; July 2003 assault 3d and resisting arrest for which he was found in VOP; August 2001 resisting arrest
and assault 3d for which a capias for FTA was issued and defendant was found in VOP on two occasions; receiving stolen property (juvenile) for
which a capias for FTA was issued; robbery 2d in 1998 and receiving stolen property in 1996. In March 2008, defendant was indicted in state court
for possession of a fireami during the eomrnission of a felony, aggravated menacing, discharge of a weapon north of the carnal and possession of a
deadly weapon by a person prohibited. Therefore within in 2 years defendant has been convicted of one weapons offense and charged with two
additional weapons offenses.

Case 1 :08-mj—00108-UNA Document 7 Filed 06/30/2008 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pendina Trial
Part IlI—Direetions Regarding Detention
The defendant is cormnitted to the custody ofthe Attomey General or his designated representative for confinement in a corrections facility separate,
to the extent practieable, from persons awaiting or serving sentences or being hcld 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 of the corrections facility shall deliver the de t to the United States marshal for the purpose of an appearance in
connection with a coun proceeding.
June 30, 2008
Date Signar 0 tcm Oficer
Mary Pat ynge, Magistrate Judge
Name and T ftle of Judicial Officer
"Insert as applicable: (a) Controlled Substances Aet (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-mj-00108-UNA

Document 7

Filed 06/30/2008

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Case 1:08-mj-00108-UNA

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