Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00088-UNA Document 8 Filed 05/07/2008 Page 1 of 2
¤e>. AO 472 (Rev. 12/03) Order ol`Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
LARRY M. WILMER, Case Number: 08-88-M
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3142lD, a detention hearing has been heid. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part l—Findings of Fact
Q (I) The defendant is charged with an offense described in IS U.S.C. § 3l42(f)(I) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving rise to federaljurisdiction 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 of`two or more prior federal offenses described in IS U.S.C.
§ 3I42(f)(l )(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) was committed while the defendant was on release pending trial for a federal. state or local offense.
Q (3) A period ofnot 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. (I), (2) and (3) establish a rebuttablc 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 (I) 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 I8 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination of conditions 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 Il—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-
dcrance ofthe evidence that
The Defendant waived his right to contest pretrial detention. Based on the affidavit of probable cause, evidence presented during the probable
cause hearing. and the report ofthe Probation Office, the Court Iinds clear and convincing evidence that no combination of conditions could
reasonably assure the safety ofthe community between now and the time ofthe Defendant’s trial. The Court further finds that no combination of
conditions could reasonably assure that the Defendant would appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession ofa firearm. He and another individual were
observed apparently discarding a total of two firearms into trash receptacles. They were found to also possess knit caps, ski masks, and
gloves.
the weight ofthe evidence: establishes at least probable cause. An officer involved in the arrest concluded that Defendant was the individual who
discarded the 9 mm firearm found in one ofthe trash receptacles. There is no dispute that Defendant has two prior felony convictions and that
the firearm (manufactured by Smith & Wesson outside of Delaware) traveled in interestate commerce prior to Def`endant’s alleged possession
of it.
the history and characteristics ofthe Defendant: Defendant was on state probation at the time of his instant arrest. He has prior felony convictions
for conspiracy and robbery. The robbery involved Defendant firing shots at the victim.
the nature and seriousness ofthe danger to the communig that would be posed by the Defendant’s release: as a felon in possession, with prior
convictions including one involving discharging a firearm during a robbery, Defendant would pose a danger to the community if released.

Case 1 :08-mj-00088-UNA Document 8 Filed 05/07/2008 Page 2 of 2
% AO 472 (Rev. l2/O3) Order ofDeterrtion Pend1ngTnal
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 ofthe United States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the defe ant to the United States marshal for the purpose of an appearance
in connection with a court proceeding. F
MAY rm 200s ‘
Date Signature of Judge
Hon. Leonard P. Stark - U.S. MAGISTRATE
Name and Title 0fJudge
*Insert as applicable: (a) Controlled Substances Act (2] U.S.C. § 80l et seq.); (ln) Controlled Substances import and Export Act (21 U.S.C. § 95]
erseqr); or (c) Section l of Act of Sept. I5, l98O (2I U.S.C. § 955a).

Case 1:08-mj-00088-UNA

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Case 1:08-mj-00088-UNA

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