Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00020-SLR Document 7 Filed O3/O4/2008 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial

District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jsimei ciark Case (NLG 3 [LU , (SY/K
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(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. § 3l42(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 IS 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 of ten 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 18 U.S.C. _
§ 3 l42(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 thc 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. A
Alternative Findings (A) ·
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under lS_U.S.C. §924(c}. ,
Q - (2) The defendant has not rebutted the presumption established by finding l that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of thc community.
Alternative Findings (B) `
(1) There is a serious risk that the defendant will not appear.
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part I1-Written Statement of Reasons for Detention
l find that the credible testimony and infom1ation submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant is charged with bank robbery in violation of 18 USC § 2l l3(a). At the detention hearing, he advised that he
would not be opposing the govemment’s motion at this time. In addition to def`cndant’s non-opposition to detention, a further basis for detention
pending trial is the dangerousfcrime of violence charges of bank robbery.
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Case 1 :08-cr-00020-SLR Document 7 Filed O3/O4/2008 Page 2 of 2
§ AO 472 (flev. 3fB6) Order of Detention Pending Trial

Part lII—Directi011s Regarding Detention
The defendant is committed to the custody ofthe Attomey 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 attorney for the
Government, the person in charge of the corrections facility shall delivcr the defend o the `ted States marshal for thc purpose of an appearance in
connection with a court proceeding.
March 4, 2008
Date igrmrure cf J 1 acer
Mary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojicer
*lnsert 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 l of Act ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00020-SLR

Document 7

Filed 03/04/2008

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Case 1:08-cr-00020-SLR

Document 7

Filed 03/04/2008

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