Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O7—cr—OOO52-SLR Document 13 Filed O4/23/2007 Page 1 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Mohamedkamal Kabira Case 5 .. 5 pw
Defendant I 2 I" ‘
In accordance with the Bail Reform Act, IS U.S.C. § 3 I42(t), 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 I8 U.S.C. § 3 l42(f)(l) and has been convicted ofa 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 IS 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
>l=
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)(I)(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 ofnot 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)
X (I) There is probable cause to believe that the defendant has committed an offense
XX for which a maximum term of imprisonment often years or more is prescribed in 2I USC § 84l & 846 ,
Q under 18 U.S.C. § 924(c).
X[\ (2) The defendant has not rebutted the presumption established by finding I thatno condition or combination of conditions 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:
I. The evidence is credible.
2. Defendant was clearly dealing in Khat which falls within a hallucigenic material depending on its age. Defendant was aware that Khat was illegal,
but did not feel that it should be illegal.
3. Defendant had significant assets to leave the US (despite the fact of originally coming to the US as a political refugee) and not return to his
country of origin.
4. Defendant was not forthright in the amount of assets that he had at his disposal.
5. Besides his application for political asylum, defendant has no ties to the US, except for a cousin.
6. I-Ie has no visible legitimate means for support having been unemployed for at least the past 5 months. the amount of assets at his disposal and the
types of employment that he had in the past strongly suggests that he makes his living selling/distributing Khat.
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Case 1:O7—cr—OOO52-SLR Document 13 Filed O4/23/2007 Page 2 of 2
Q1 AO 472 (Rev. 3/86) Order of Detention Pending Trial
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 t ie United States marshal for the purpose ofan appearance in
connection with a court proceeding. I
Agni 23» 2007 é;...._ - ;;··....£...tL
Date `_· G Signature ofJudicial
Mary Pat Thynge, Magis . e udge
Name and Title 0f./udicial Officer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Impon and Export Act (21 U.S.C. § 951 et
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).