Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00048-GIVIS Document 9 Filed O4/10/2007 Page 1 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of _ Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Tgone Roane , Case C, ag),-JI -· *-it (E).- Pt
Defendant
ln accordance with the Bail Reform Act, 18 U.S.C. § 3142(t), a detention hearing has been held. l 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. § 3l42(f)(1) 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 federaljurisdiction 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 ofimprisonment 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.
§ 3 142(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 ofnot more than five years has elapsed since the Q date of conviction Q release ofthe defendant from imprisonment
for the offense described in Ending (I).
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 often years or more is prescribed in 21 USC § 841 .
x 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 ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (I3)
(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 ofanother person or the community.
Part II—Written Statement of Reasons for Detention
l find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: The court finds that there are no conditions or combination thereofthat will reasonably assure the defendant’s appearance
as required and the safety ofthe community because:
1. the type of offenses — serious drug related matter of distribution of cocaine & weapon in furtherance ofa drug offense
2. the significant evidence against defendant.
3. Dcfcndant’s past criminal history includes an extensivejuvenile history, conviction for aggravated menacing in 1999 for which he numerous
VOPs. A March 2007 conviction for burglary 3'd reduced from burglary 2““. Conviction in April 2003 for robbery 2"° , reduced from robbery 1".,
for which he had 3 VOPs and was discharged as unimproved. Conviction for terroristic threatening for which he had 2 VOPs, the latest on July 2006
and thereafter discharged as unimproved. ln addition, defendant has numerous FTAs.
4. Defendant did not contest detention but reserved the right to have a detention hearing in the future which was granted.
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Case 1 :07-cr-00048-GIVIS Document 9 Filed O4/10/2007 Page 2 of 2
% 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 defendanttg the United States marshal for the purpose of an appearance in
connection with a court proceeding. J "'nl _ _
April 10, 2007 Q n l\ · 3>·'.§i·;{€g.,/
Date - --·· ‘ ‘ `I - "‘.S‘1“g1Tz@tre 0f./udicia! Ojficer/‘ 2 _
.·‘ ·'
'—t Mary Pat Thynge, Magistrate Ju`dg€

Name and Title 0fJua'icial Omcer
*1nsen as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 USC, § 95521).