Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00061 —lV| PT Document 9 Filed O4/24/2007 Page 1 of 2

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Donald Pritchett Case .. N1 .. BA
Defendant
In accordance with the Bail Refomn Act, 18 U.S.C. § 3142(f), a detention heanng 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. § 3142(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 federal jurisdiction had existed that is
Q a crime ofviolence as denned 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.
§ 3142(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 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 (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. l 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 ofimprisonment often years or more is prescribed in 21 USC § 841 .
X under 18 U.S.C. § 924(c).
XQ (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 (B) I-··"*"··r;·‘ T ;§_····Ig;— · ··
(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. `_ _"` ` T`"` l
1 ; -` YD i rl YQ ._ `·Y Q
{ l . . .. . ....
E ll}-. `*!;—."`i’-`Ji {3·L`i'!F;i
Part II—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 ofthe evidence: Defendant is charge with felon in possession ofa fireami in violation of 18 USC § 922 (g)(1) & 924(a)(2);
possession with intent to distribute heroin in violation of2l USC § 841; and possession ofa firearm in furtherance ofa drug offense in violation of
10 USC § 924(c). the court fmds that there are no condtions or combination thereofthat will reasonably assure his appearance as required and the
safety of the community because:
1. The evidence against defendat is substantial. Defendant’s arrest was the result of an undercover (C1) buy and heroin was found in his home along
with a 9 mm loaded weapon.
2. Defendant is an admitted heroin addict and has undergone treatment via the Key program while incarcerated on state charges, detox at NET and
the methadone clinic at Brandywine Counseling.
3. defendant’s criminal history is significant having begun at age 16 years. Defendant was convicted ofpossession with intent to distribute in May
1999 with a VOP in June 200 and another in February 2001. He was convicted again in July 2002 of possession with intent to deliver for which
he received a VOP in July 2005 and another in November 2005. 1-le was convicted ofpossession ofa controlled substance in October 2002,
resulting in a VOP in November 2005 (same as noted above). 1-1is criminal history shows drug related offenses, primarily trafficking, violence and
theft.

Case 1 :O7—mj-OO061—lV|PT Document 9 Filed O4/24/2007 Page 2 of 2
Q 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 :1 court ofthe United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. I
April 23, 2007 lis. J Ji}- { E. `
Date lr fgnature of Judi W Jff f
Mary Pat Thynge, Magistrate Judge
Name and Title of./udicial Ojicer
*Insen 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).