Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00071-JJF Document 36 Filed 07/1 1/2007 Page 1 of 2
aa. AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENT ION PENDING TRIAL
Christopher Baxter Case C Q ... ' [ ( ,, Lj
Dejizrzdanr ‘ K .)
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 (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(1) 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. § 3156(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
=t
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.
§ 3l42(f)(1)(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 Eve years has elapsed since the Q date of conviction Q release of the 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 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)
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term of imprisonment of ten years or more is prescribed in 21 USC § 846 .
Q under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B)
(1) There is a scrious 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 H—Written Statement of Reasons for Detention
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant is charged with conspiracy to possess with the intent to distribute cocaine. Defendant has been indicted and
the evidence against him is significant.
1. Defendant has a stable residence and has had stable employment since 1996.
2. Defendant’s criminal history is as follows: criminal impersonation in 1989 for which he failed to appear for sentencing; maintaining a vehicle
for keeping controlled substance in 1992 for which a VOP warrant was issued in 1993, carrying a concealed dangerous instrument in 1998, for
which he failed to appear for his arraignment and warrant was issued.
Also in 1998 he was convicted in this court of mail fraud for which he receivd 15 months jail time, 36 months supervised release and required to
pay $96,000 restitution.
For the above reasons, defendant is both a risk of non—appearance and danger to the community. d
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Case 1 :07-cr-00071-JJF Document 36 Filed 07/1 1/2007 Page 2 of 2
%; AO 472 (Rev. 3/S6) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The defendant is eommitted to the custody of thc Attomey 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 ordcr of a court of the United States or on request of an attorney for the
Govemment, the person in charge of the corrections facility shall deliver the defendant to · - - ` d States marshal for the purpose of an appearance in
connection with a court proceeding. ,
my 11, 2007 .- ·
Date ` ? mare 0fJudi J hffcer
s` Mary Pat Thynge, Magistrate Judge
Name and Title cf Judicial Ojjticer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et s q.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ex
seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).