Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00168 Document 8 Filed O9/O4/2007 Page 1 of 2
as AO 472 (Rev. 12f03) Order ofDetention Pending Trial
UNITED STATES DISTRICT COURT
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Tarireef White Case Number: 07-168M
Deferzdcmr
In accordancc with thc 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. § 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 if a circumstance giving rise to federal jurisdiction had existed - that is
Q a erime ofviolenee as defined in 18 U.S.C. § 3l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death.
I] an offense for which a maximum term of imprisonment of ten years or more is prescribed in
=r
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses deseribed in 18 U.S.C.
§ 3l42(t)(l)(A)-(C), or comparable state or local offenses.
B (2) The offense described in finding (l) 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 convietion Q release ofthe 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 eonditions 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 (l) There is probable cause to believe tha.t the defendant has committed an offense
Q f`or whieh a maximum term of imprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The dcferrdanthas not rebutted the presumption established by finding l that no condition or combination o • t ' ' . . ' ;. : - ; » - ;· ¤ ·
the appearance ofthe defendant as required and the safely ofthe community. F l L E D
Alternative Findings (B) =—~—-- ~—-
X (I) There is a serious risk that the defendant will not appear. l
X (2) There is a serious risk that the defendant will endanger the safety of another person or the commu ity. - gl
-_
- _ n ` : URT
I lCT OF ELA ` AR __
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 that
The Defendant waived his right to contest pretrial detention. Based on the evidence presented at the probable cause hearing, and provided to
the Court by the Probation Office, the Court finds clear and convincing evidence that no combination of conditions could reasonably assure the
safety of the community between now and the time ofthe Defendant's trial. The Court further finds that no combination of eonditions could
reasonably assure that the Defendant would appcar· 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 aecuscd of being a felon ( with prior convictions including being a felon in possession
ofa firearm — unlawfully in possession ofa firearm while traveling on the streets of Wilmington inthe early morning hours.
the weight of the evidence: is strong; Wilmington PD officers observed the Defendant riding a bike in a manner indicating possession ofa
concealed firearm, when attempting to stop the Defendant he fied and threw what appeared to be a firearm, and a firearm manufactured outside
Delaware was found immediately thereafter in the same placc; the Defendant has been convicted of prior state and federal felonies.
the history and characteristics of the Defendant: although having ties to the community and having made some efforts to obtain employment, the
Defendant has been convicted ofthree prior felonies, two of which involved firearms; he abuses or at least regularly uses PCP; he has two Delaware
violations of probation and two Delaware failure to appear eapiases; and he was on federal supervised release at the time of the instant arrest.
the nature and seriousness of the danger to the eommunig that would be posed by the Defendants release: as a multiply—convieted felon in
possession of a firearm, and an individual who has proven himself non-amenable to judicial supervision, the Defendant would pose a serious danger
to the community if released.

Case 1 :07-mj-00168 Document 8 Filed O9/O4/2007 Page 2 of 2
ret AO 472 (Rev. 12/03) Order ofDetention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility
separate, to the extent practicable, from persons awaiting or serving sentcnces or being held in custody pending appeal. The aerenaant 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 facilil shall deliver the defendant to the United States marshal for the purpose
of an appearance in connection with a court proceeding. _ iq E
Sqptalx/“\,1o¤7 -’ Date Signature of Judge
Honorable Leonard P. Stark
Name and Title ofJudge
*lnsert as applicable; (a) Controlled Substances Act (21 U,S.C. § 801 etseq,); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
crseq.); or (c) Section l of`Aet of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-mj-00168

Document 8

Filed 09/04/2007

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Case 1:07-mj-00168

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Filed 09/04/2007

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