Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00091-SLR Document 20 Filed 07/19/2007 Page 1 of 2
Q AO 472 (Rev. 3/S6) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
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UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
.c1tr1SiOphar Pmiiips case 07- 62 / ~ 2 UNA
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(i), 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. § 314-2(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 crime ofviolence as defined in 18 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 of ten years or more is prescribed in
=i=
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.
§ 3 l42(f)(l)(A)-(C), or comparable state or local offenses. ·
Q (2) The offense described in finding (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 l
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 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
(1) There is probable cause to believe that the defendant has committed an offense _
for which a maximum term of imprisonment of ten 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 1 that no condition or combination of conditions will reasonably assure
the appearance ofthe defendant as required and the safety of the community.
Alternative Findings (B) i
(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 clear and convincing evidence a prepon- i
derance of the evidence: Defendant was detained because there are no conditions or combination thereof that will reasonable assure his
appearance as requred and the safety of the community . Defendant is charged with child porn offense for which the rebuttable presumption applies.
Defendant has not rebutted that presumption and the evidence against defendant is substantial in support of the offense, which supports the issue ·
of danger to the community. .
1. Defendant is charged with production of child pom. The evidence suggests that this activity involved a relative, possibly his minor child.
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2. Defendant lost his employment in March 2007 as a result of his arrest involving sexual exploitation of a child.,
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Case 1 :07-cr-00091-SLR Document 20 Filed 07/19/2007 Page 2 of 2
% AO 472 (Rev. 3/B6) Order of Detention Pending Trial j
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 of the corrections facility shall deliver the defend e Un ed States marshal for the purpose of an appearance in E
connection with a court proceeding. |
I
Jiu 19 2007 I
Date igrmmre of.} cz Ojticer
Mary Pat Thyn , agistrate Judge
Name and T irle 0fJudic.ir1f Ojfficer
*Insert as applicable: (a) Controlled Substances Act (2] U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er i
seq.); or (c) Section l ofAct 0fSept. 15, l980 (21 U.S.C. § 955a). i
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