Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—001 13-SLR Document 9 Filed 08/28/2007 Page 1 of 2
es AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
(fg¢¥ é!.n•4L Q!/Q»·1··L Case O-qw
Dejéndant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(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 IS U.S.C. § 3 l42(f)(l) and has been convicted of a 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 I8 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 IS U.S.C.
§ 3 l42(f)(I )(A)-(C), or comparable state or local offenses.
lj (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 tive years has elapsed since the Q date of conviction Q release of the defendant from imprisonment
for the offense described in finding (I).
Q (4) Findings Nos. (I), (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)
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment often years or more is prescribed in .
Q under IS 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 ofthe 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 H-Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: There are no conditions or combination thereofthat will reasonably assure defendant’s appearance as required and the
safety of the community because:
I. The evidence against defendant is substantial, including the fact that a semi—automatic weapon was found on defendant’s person.
2. Defendant is 24 years old and according to his grandmother, whose address he gave as his residence, her resides with her sporadically and when
he is not living with her she does not know where he resides. His only employment was for 2 months in 2004.
3. He is a daily user of marijuana, smoking 4 blunts on average.
4. Defendant’s criminal history begins at age I2 with a conviction for shoplifting. Between l995 and 200I, defendant was 6 serious offenses in
Family court including possession ofa non-narcotic controlled substance (2 times), driving without a license (at leat twice), leaving the scene of
an accident, fictitious registration. Defendant during that time was also convicted of robbery 2“d. At age I7 he was tried as an adult convicted of
trafficking in cocaine and found VOP. In 2003, defendant was convicted of reckless endangennent lS‘, conspiracy 2"". This conviction involved the
used ofa nrearm. He was found in violatin of probation for this offense in December 2006 and within 6 months thereafter, he now faces another
weapons offense as charged in this court He used a weapon and shot between two car endangering a number of individuals.
lr ..-99 — U
i ;
[.
. U ZOO? I
court
___-;;·?‘:-Y GF 3Et_F·'·N'.1R£


Case 1:07-cr-00113-SLR Document 9 Filed 08/28/2007 Page 2 of 2
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 ofthe corrections facility shall deliver the rmt to the United States marshal for the purpose ofan appearance in
connection with a court proceeding.
At.? ust 24, 2007 // - . - #54 L.
Date Sig/ml//re» //0/0/ Of]/cer
Mary Pat Tl __ ige, Magistrate Judge
Name and T//le ofJud/c/q/ Omcer
*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 ez
seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00113-SLR

Document 9

Filed 08/28/2007

Page 1 of 2

Case 1:07-cr-00113-SLR

Document 9

Filed 08/28/2007

Page 2 of 2