Free Order of Detention - District Court of Delaware - Delaware

Case 1 :06-cr—00083-GIVIS Document 14 Filed 10/05/2006 Page 1 of 2
@1 AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Anthon Mark Briscoe Case C, KO E _ é .3*
Defendant E 3 l ¤
in accordance with the Bail Reform Act, l8 U.S.C. § 3l42(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. § 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 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.
§ 3142(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in Ending (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 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
for which a maximum term ofimprisonment often years or more is prescribed in 21 USC §841 .
Q under 18 U.S.C. § 924(c).
XQ (2) The defendant has not rebutted the presumption established by finding l that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findin s B -
1 1 1 1 g “ r i t t 0
(1) There is a serious risk that the defendant will not appear. m__`
(2) There is a serious risk that the defendant will endanger the safety of another person or the com nunitylll
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Part II—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant is charged with possession with intent to distribute more than 50 grams of cocaine base. The bases for detention
are as follows:
1. Defendant is charged with a serious drug offense.
2. the evidence against defendant is strong. At least two ofthe counts in the indictment involve controlled purchases.
3. Defendant has not stable work history and no significant ties to this community. 1-le allegedly committed the present offenses while living with
his girlfriend.
4. At the time ofthis offense and presently, defendant is on probation for vehicular assault and driving under the influence. Defendant has two prior
dnig related convictions, both of which apparently had been pled down from more serious offenses.
For the reasons noted above, defendant is both a risk offlight that is failure to appear and a danger to the community.

Case 1 :06-cr—00083-GIVIS Document 14 Filed 10/05/2006 Page 2 of 2
Part III—Directi0ns 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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in
connection with a count proceeding. W _
.; J"/<‘t%r: —--in ( }·;<‘- Le . in- i ; `”7/`('{i"‘ f»·\
Date i Signamr; of.lud/cial Omcer
" _____ Mary Pattlhynge, Magistrate Judge
' Name um Mic oi MZ tcm? Z7jX?rcer é
*lnsert as applicable; (a) Controlled Substances Act (21 U.S.C. § 801 e1seq.); (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).