Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00114-UNA Document 6 Filed 07/O3/2008 Page 1 of 2
mt AO 472 (Rev. 12/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
ERICK COLEMAN, Case Number: 08-} 14-M
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3I42(f`), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Prt l—Findings of Fact
Q ( l) The defendant is charged with an offense described in IS U.S.C. § 3 142(f`)( I) and has been convicted of a 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 of violence as defined in 18 U.S.C. § 3 l56(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 of ten years or more is prescribed in
=•·
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.
§ 3l42(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 (1).
Q (4) Findings Nos. (I), (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)
Q (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under IS U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B)
X (I) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety ofanother person or the community.
Part Il——Written Statement of Reasons for Detention
I find that the credible testimony and infomation submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derancc of the evidence that
The Defendant waived his right to contest pretrial detention. Based on the affidavit of probable cause and the report of the Probation Office, the
Court finds clear and convincing evidence that no combination of conditions could reasonably assure the safety of the community between now and
the time of the Defcndant’s trial. The Court further finds that no combination of conditions could reasonably assure that the Defendant would
appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession of a firearm. Law enforcement officers
responding to a report ofa man with a gun found the Defendant, who matched the description ofthe armed individual, and found a handgun
tucked in the front ofthe Defendant’s pants.
the weight ofthe evidence: probable cause is not contested.
the histogt and characteristics of the Defendant: Defendant has at least seven prior felony convictions, at least ten failure to appear capiases, and
was on probation at the time of the instant alleged offense.
the nature and seriousness ofthe danger to the community that would be posed by the Defendant’s release: as a felon in possession ofa firearm,
with an extensive criminal record and record of violence, Defendant would pose a danger to the Community if released.

Case 1 :08-mj-00114-UNA Document 6 Filed 07/O3/2008 Page 2 of 2
% AO 472 (Rev. 12/03) Order of Detention Pending Trial
Part IIl—Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey General or his designated representative for confinement in acorrections 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 defend tt the United es marshal for the purpose of an appearance
in connection with a court proceeding. M
wsxzuoa *
Date Sigmzrure of Judge
Hon. Leonard P. Stark
Name and Title of Judge
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 er seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
erseq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a),

Case 1:08-mj-00114-UNA

Document 6

Filed 07/03/2008

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Case 1:08-mj-00114-UNA

Document 6

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