Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-001 21 —lV| PT Document 6 Filed 07/13/2007 Page 1 of 2
esl AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
ArthurDavis Case · N`}
Defendant
In accordance with the Bail Reform Act, l8 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—Findir1gs of l·`act
Q (I) The defendant is charged with an offense described in I8 U.S.C. § 3l42(t)(l) and has been convicted ofa Q federal offense lj 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 I8 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 often years or more is prescribed in
>I<
Q a felony that was commined after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3 I 42(f)(l)(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 five years has elapsed since the Q date of conviction Q release ofthe 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)
(l) 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 l8 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)
(I) 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 clear and convincing evidence a prepon-
derance ofthe evidence: Defendant is charged with felon in possession ofa firearm. He did not contest detention, but reserved the right to do so
in the future which was granted. Defendant’s criminal history is of recent significance since he was convicted in Febniary 2007 of carrying a
and was placed on intense probation which was to begin in May 2007. Defendant has not reported to state probation and considered absconded
for which a warrant was issued on June 25, 2007. this conduct strongly indicates a failure to abide by court orders, noncompliance and not
conducive to supervision.
JUL l 3 ZU07
IIS. DISTRICT COURT
DISTRICT OF DELAWARE

Case 1:07-mj-00121—lV|PT Document 6 Filed 07/13/2007 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 of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the l `ted States marshal for the purpose of an appearance in
connection with a court proceeding. '_/·"`
July 12, 2007 an ___Q - _ _
Date 1, ignature 0f./ur! O ·er
Mary Pat Thynge, Magistrate Judge
Name and Title 0fJudiciczl Ojfcer
*[nsert 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 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).