Free Order of Detention - District Court of Delaware - Delaware


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Case 1 :08-cr-00120-SLR Document 9 Filed 08/1 1/2008 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Emmanuel Cooper Case C , O J L) M _
Defendant g` \')-` R
In 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 I——Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(f)(l) and has been convicted of a Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is
Q a crime ofviolence as defined in 18 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 imprisomnent often years or more is prescribed in
F
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)(l)(A)-(C), or comparable state or loeal offenses.
Q (2) The offense described in fnding (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 of the 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. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has corrtrnitted an offense
for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(e).
Q (2) The defendant has not rebutted the presumption established by finding l that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
Alternative Findings (B)
(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.
Part II—Writtcn 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 of the evidence: Defendant is charged with possession of a firearm by a convicted felon in violation of 18 USC § 922(g). Since this is a gun
offense, it is eligible to show dangerousness. The weapon in question was found in thc master bedroom ofthe home in which he was residing (his
girlffiend) where two children reside (2 and 4 year olds). Documents show that defendant lives in the room which he confirmed. Therefore,
the nature ofthe offense against defendant is serious involving a weapon and the strength ofthe evidence against him is substantial.
Nature and characteristics of defendant: Although defendant is a life long resident of Wilmington and presently resides with his girlfriend,
of her probationary status for a federal offense conviction, he could not continue to reside with her. Defendant is a regular marijuana user, imbibing
in the drug a couple of times a week.. Defendant has not held any steady employment having worked for temp agencies only on an as needed basis.
Proof of this is defendant’s admission that he cams an unsteady monthly income because of his unstable employment situation. Defendant has
previously been arrested for and charged with possession of a fireami by a person prohibited subject to a PFA for which two capiases for FTAs were
issued and he was convicted of possession with intent to deliver (found guilty) for which a bench warrant was issued for FTA and his bail was
forfeited.
As a result the court finds that there are no conditions or combination thereof that will reasonably assure ndanfls appearance askcqlljied andthe
safety ofthe community. I- _` __ ',_ ti .- --—~—1
l l
l AUG 1 l_ ZH
li.S V T "'
DISTQ; `_ ` ' _, . .

Case 1 :08-cr-00120-SLR Document 9 Filed 08/1 1/2008 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part IH—l)ireetions Regarding Detention
The defendant is committed tothe custody of the 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 attomcy for the
Govemment, the person in charge of the corrections facility shall deliver the defendant to t ` ed States marshal for the purpose of an appearance in
connection with a court proceeding. E7 ._
August ll, 2008 _ V. - K; -. i
Date ure of Judicial Qfi
Mary Pat Thynge, Magistrate dge
Name and Title of Judicial Ojicer
*Insert 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 er
seq.); or (c) Section l ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

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