Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00174-GIVIS Document 10 Filed O1/22/2008 Page 1 of 2
M. 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
Gary Earl Case L _
Defeiidaziz C
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 of the 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)(1) 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 federal jurisdiction had existed that is
Q a crime ofviolence as defined in 18 U.S.C. § 3156(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.
§ 3l42(f)(1)(A)-©), or comparable state or local offenses.
Q (2) The offense described in Ending (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 tive years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
_ for the offense described in finding (1). V _
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. lfurther find that the defendant has not rebutted this presumption.
Alternative Findings (A)
X _ (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in 21 USC § 841 .
~ Q under 18 U.S.C. § 924©). . _
X, V (2) The defendant has not rebutted the presumption established by Ending 1 thatno condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community. _ _ ____ _ _ Q __ _ __,
, . _ Alternative Findings (B) t" { Q _f _ __
(1) There is a serious risk that the defendant will not appear. -. !,_.. `__, _ .... .L`*. .[ I
(2) There is a serious risk that the defendant will endanger the safety of another person or the community. ; ° =
` .*1 -.1 ·"i ·‘: ‘- ‘· A
‘ 3 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: Defendant is charged with possession with intent to distribute more than 50 grams of cocaine base. Applying the
factors under 18 USC § 3142(g), the court finds that there are no conditions or combination thereofthat will reasonable assure defendant`s appear-
ance as required and the safety ofthe community on the following bases:
1. Nature ofthe offense: Defendant is charged with a serious drug offense for which the rebuttable presumption applies. The facts in support of
the offenses show that defendant attempted to flee from police and while fleeing discarded items on three occasions. Those items were 3 bags of ‘
crack, all over 1 gram.
2. Weight ofthe Evidence: Defendant’s conduct was observed by police officers. Defendant has been indicted so that probable cause exists. As I
noted above the facts against defendant support the charge.
3. Characteristics ofdefendant: Although defendant is a life long resident of DE. his criminal history began at age 15 when he was found delin- ` A
quent for unlawful sexual contact. A year later in 1999 defendant was found guility of unlawful sexual contact 2d. In 2005 defendant was found
guilty of criminal impersonation and resisting arrest for providing a false name and fleeing traffic stop. Subsequently, defendant was found guilty
of possession of MJ with intent to distribute and for fleeing and eluding police. For that arrest a bench warrant was issued and he had FTO. `Within
5 months ofhis conviction, a bench warrant was issued for VOP in January 2006. Defendant pled guilty to VOP in February 2007. He was
discharge as unimproved. As a result of his juvenile convictions, defendant is a registered sex offender
Although defendant claims to live at his parents address, he parents report that he usually stays with his girlfriend. His girlfriend reports that at l
most he spends one to 2 nights a week with her. As a result, defendant has no stable living arrangements. Defendant has had 13 capiases in the i n
past 4 years. He has been unemployed since October 2007 and his prior employment history is best described as spotty. He has been previously
terminated from employment for poor attendance.

· Case 1 :07-cr-00174-GIVIS Document 10 Filed O1/22/2008 Page 2 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns Regarding Detention
A The defendant is committed to the custody ofthe Attomey General or his designated representative for connnement 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 ofthe corrections facility shall deliver the defend nited States marshal for the purpose of an appearance in
connection with a court proceeding. -""
January 22, 2008 /i _ <‘;._
Date Stgrmture 0fJu rr Meer
Mary Pat Thynge, Magistrate Judge
Name and Title ofjudlcial Omcer
*‘1nsert 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 ez
seq.), or ©) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00174-GMS

Document 10

Filed 01/22/2008

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Case 1:07-cr-00174-GMS

Document 10

Filed 01/22/2008

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