Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00114-JJF Document 13 Filed 10/15/2007 Page 1 of 2
iis AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDE OF DETENTION PENDING TRIAL
I\/Iatima Miller Case C , {THF
Defendant
In accordance with the Bail Reform 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 (I) The defendant is charged with an offense described in 18 U.S.C. § 3 142(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 federaljurisdiction had existed that is
Q a crime ofviolence 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 ofimprisonment often years or more is prescribed in
>|<
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.
§ 3142(f)(1)(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 of not more than Eve years has elapsed since the Q date of conviction Q release of the defendant from imprisonment
_ for the offense described in tinding (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. I 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 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 I that no condition or combination ofconditions will reasonably assure
the appearance ofthe 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 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 Xclear and convincing evidence ct"'i1 prepon-
derance ofthe evidence; Defendant is charged with possession ofa firearm by a person prohibted in violation of 10 USC §§ 922(g) & 924(a).
The basis for detention is as follows;
1. Defendant is not presently employed due to an on thejob injury. He worked at Tire Rack for about a year before his arrest and previously worked
for Amazon for about 4 months. He reports that he is the father to 8 children, all whom live with their mother. there is a question whether he
provides any support for his children.
2. the significant offenses in defendant’s past criminal history include (although defendant’s criminal history began in 1987 at age 12 and he has
had continuous arrests/convictions since that time)possession with intent to deliver in 1995; escape after conviction December 1996; trafficking in
cocaine in October 2002 and DUI October 2006. Defendant has 15 FTA between 1993 and October 2002, 21 citation for MV offenses which
include repeated instances of driving without a license. In the present action, defendant ran from police to avoid arrest. At the time ofthe present
offense, defendant was on state probation and in light ofthat there is no explanation why defendant was where he was at 1:00 a.m. on the date of
his arrest.
I
OCT I E
U.S. DISTRICT CGURT
DISTRICT OF BEl.¤w.=tFlE

Case 1 :07-cr-00114-JJF Document 13 Filed 10/15/2007 Page 2 of 2
rei AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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 ofthe corrections facility shall deliver the defendant to the Unite States marshal for the purpose ofan appearance in
connection with a court proceeding, /-/
,//V l _
October 1.5, 2007 ___, j ‘ _,_‘L__ _ 4., ___ _
Date W ` Signature 0f./udi ·`r1 c' ·
Mary PatThynge, r isti ejudge
v Name and Title ofjudicial Omcer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (2l U.S.C. § 95l ez
seq.); or (c) Section l of Act of Sept. 15, i98O (21 U.S.C. § 95521).

Case 1:07-cr-00114-JJF

Document 13

Filed 10/15/2007

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Case 1:07-cr-00114-JJF

Document 13

Filed 10/15/2007

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