Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00134-SLR Document 6 Filed 08/04/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
FERMIN R. PAGAN, Case Number: 08—l30—M
Defendant
ln accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Part l——Findings of Fact
Q (I) The defendant is charged with an offense described in 18 U.S.C. § 3l42(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
r
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C.
§ 3142(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (l) 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 (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 presumpti .
Alternative Findings (A) P In
X (1) Th e is probable cause to believe that the defendant has committed an offense (_) g E 5 ( S
JC`} L_ YOF which H maximum term of imprisonment of ten years or more is prescribed in J (’ ki l (J kl L) il) _ C

X (2) The defendant has not rebutted the presumption established by finding l that no condition or combination of conditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
Q (1) There is a serious risk that the defendant will not appear.
Q (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part Il—Written Statement of Reasons for Detention
-im-o·n mittccl·at—the41eeringestabHsherbY_“ljT:1em'mmeommchrg‘evidcnce—IE]—aprepona.
{gs A.
The Defendant waived his right to a detention hearing. Based on the information before the Court — including the affidavit supporting the criminal
complaint which establishes, among other things, probable cause to believe that the Defendant, having been previously convicted ofa felony crime
punishable by imprisonment for a temi exceeding one year, was at the time of his arrest in possession ofa firearm which traveled in interstate
commerce and that the Defendant possessed with intent to distribute a substance containing a cocaine base — the Court finds that the Defendant has
failed to rebut the statutory presumption that no combination of conditions could reasonably assure the safety ofthe community between now and
the time of trial and that the Defendant would appear for all Court events in this matter.
Part lIl—Directions Regarding Detention
The defendant is committed to the custody ofthe 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 order of a court of the United States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance
in connection with a court proceeding. Q E
AUGUST 4“", 2008 b*» `
Date Signature 0fJudge
Hon. Leonard P. Stark
Name and Title 0fJudge
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 80l et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 95]
er seq.); or (c) Section I ofActoi`Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00134-SLR

Document 6

Filed 08/04/2008

Page 1 of 1