Free Order - District Court of Delaware - Delaware


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Case 1 :08-mj-00104-UNA Document 7 Filed 06/27/2008 Page 1 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial l
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Brandon Wiggins Case O ? _, [ bl-{ M
Dejimdant
ln accordance with the Bail Reform Act, IS U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require thc
detention of the defendant pending trial in this case.
Part I—Findings of Fact
Q (I) The defendant is charged with an offense described in IS U.S.C. § 3 l42(f)(1) 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 risc to federal jurisdiction had existed that is
Q a crime of violence as defined in IS U.S.C. § 3 lS6(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 oifenscs described in 18 U.S.C.
§ 3 I42(f)(l)(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 of not more than five years has elapsed since the Q date of conviction Q release of thc defendant from imprisonment
for the offense described in finding (I).
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)
(I) There is probable cause to believe that thc defendant has committed an offense
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 I 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) .-
(I) There is a serious risk that the defendant will not appear. F l L E D
(2) There is a serious risk that the defendant will endanger the safety of another person or the community.

Q
_ , I ° : · `
2 . * . 9 ! ·‘ P
Part II—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by df clear a11d convincing evidence /6 a prepon-
derance of the evidence: Defendant is charged with felon in possession of a firearm. The court En s that there are no conditions or combination
thereof that will reasonably assure defendant‘s appearance as required and the safety of the community because;
Nature o the offense: weapons offense which is eligible to show danger. The offense falls within the more serious crimes.
Strength of the evidence: Defendant waived his right to a preliminary hearing and therefore the only evidence are the swom facts contained in the
criminal complaint which show that when officers attempted to stop the defendant for active eapiwes, he ran and in the process of fleeing removed a
firearm from his waistband, ran with the gun in his hand and then discarded the weapon which was picked up by the officers giving chase.
Defendant’s previous criminal history shows a conviction for carrying a concealed deadly weapon in January 2008. Therefore, the elements ofthe
weapon offense havc been met.
Defendant’s history/Characteristics: As noted above, at tI1e time of his arrest and the present charge defendant had been previously convicted for
carrying a concealed deadly weapon for which he was on state probation. For this prior conviction, a capias was issued in March for failure to
appear at a VOP hearing for which he was found in violation. Another capias was issued for failure to appear at a VOP hearing on June l2.08.
Defendant was found guilty for possession of MJ in August 2007. Prior to that two capiases was issued for FTA. For his juvcnile convictions
(defendant is 20 years old), he was convicted of criminal contempt of court in December 2006 for which an FTA was issued; convicted of criminal
trespass 2d in November 2006 for which an FTA was issued and capiascs for VOP (found in violation in April 2007). Defendant was also convicted
in January 2005 for conspiracy 2d and within 2 months a capias was issued for VOP for which he was found in violation. Two months later, anothcr
capias was issued in May 2005 for VOP for which he was found in violation. Six months later in Dccember 2006, another capias for a VOP was
issued and defendant was convicted of VOP.
Defendant’s recent and past history shows that he ignores court orders to appear and for his sentences. This court hm no reason to believe that he
will abide by any order for conditional release that it could issue. Evidence further shows that defendant took flight when police attempted to stop
him for outstanding warrants.

Case 1:08-mj-00104-UNA Document 7 Filed 06/27/2008 Page 2 of 2
of Detention Pending Trial _ U _ _' _ _ ____ _,,_r,___ _ ____ ____,_,_ __,, _,,, J ,,,t,__, ...,,
to the extent practicable, from persons awaiting or sewing sentences or being held in eustody pending appeal. The defendant shall be atforded a
reasonable opportunity for private consultation with defense counsel. On order of a court of the United States or on request of an attomey for the
Govemment, the person in charge of the corrections facility shall deliver the defendant to the Uni t a ` . = · - shal for the purpose of an appearance in
connection with a eourt proceeding.
June 25, 2008 ` ,_ li
Date ature ofoludicfal Ojic / '
- . · at Thynge, Magistrate Judge
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 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

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