Free Order of Detention - District Court of Delaware - Delaware


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Case 1 :08-mj-00105-UNA Document 8 Filed 06/27/2008 Page 1 of 2
% AO 472 (Rev. 3/B6) Order of Detention Pending Trial
UNITED STATES Disrrucr CoURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DET NTION PENDING TRIAL
Levan Morales Case O 8 4 I O M
Defendant
In accordance with thc Bail Reform Act, IB U.S.C. § 3 l42(t), a detention hearing has been held. 1 coneludc that the following facts require thc
detention of the defendant pending trial in this casc.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3l42(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 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 lifc imprisonment or death.
Q an offense for which a maximum term of imprisonment of ten 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. _
§ 3 l42(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 ofthe defendant fiom imprisonment
for the offense described in fmdin g (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 pcrson(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The defendant has not rebutted thc presumption established by finding l that no condition or combination of conditions will reasonably assure
thc appearance of thc defendant as required and thc safety of thc community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear. I
X (2) There is a serious risk that the defendant will endanger the safety of another person or thc community. F I L E D

Z-
1
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r : r :
Part H—Written Statement of Reasons for Detention DISTRICT OF DELAWARE ..—.
I find that the credible testimony and infomiation submitted at the hearing establishes by X clcar and convincing evidence X a prepon-
derance of the evidence: As a result of a preliminary hearing, probable cause to support the charge of felon in possession of a firearm was found
before the detention hearing. The court finds that there are no conditions or combination thereof that will reasonably assure defendant’s appearance
as required and the safety of thc community because:
Nature of the Offense: The charge falls within the more serious offense which is eligible to show danger.
Strength of the evidence: As noted previously probable cause was found. The evidence showed that when defendant was in a vehicle, hc was
observed holding his waist area and his hands were in a.n unnatural position. He was asked by officers to show his hands and when so requested,
defendant tumcd his back to the officer, hunched over and awlourdly bent over appearing to be retrieving something from the waist area. This
resulted in the defendant being tazed which caused him to fall to the ground. Defendant was taken into custody and on him was a loaded firearm
tucked in thc waistband. The evidence further shows that defendant has 4 prior felony conviction: 7/6/06 possession of narcotic controlled substance
I within 1000 feet of a school; 2/ 10/04 distribution/delivery/possession of a controlled substance within 300 feet of a park; 2/24/03 possession with
intent to deliver and 2/24/03 possession of a deadly weapon (handgun as a juvenile). Therefore all the elements for the offense are supported and
thc evidcrrcc as presented against the defendant is substantial.
History and Characteristics of defendant: for each ofthe offense mentioned above, defendant has been found in VOP on more than one occassion.
For the 2/24/04 conviction defendant was found in VOP on 4 occasions and discharged as unimproved in 2004. He was convicted of receiving
stolen property in October 2003 and found in violation for that offense twice, the last time in May 2006. For the February 10, 2004 offense, an
administrative warrant for VOP and cormnitted in default of bail occurred. For thc July 2006 dr·ug conviction, prior to the conviction 2 capiases were
issued for FTA. After his sentencing, defendant was found in VOP in November 2007. He also has 4 different sets of numerous charged
pending in state court for arrests on Mary 17, 2008 for receiving stolen property (over $1000), possession, purchase, owning or controlling firearm
arrrmo by a person prohibtcd for which he was arrested on April 5, 2008; an arrest on April 26, 2008 which charges include possession of a narcotic
controlled substance, poss., distribution or delivery within 300 feet of a park and delivery of a narcotic controlled substance; and an arrest on April
27, 2008, for conspiracy 3d, loitering for drug activity, possession of a narcotic controlled substance, delivery distribution or possession of a
controlled substance within 300 feet of a park and possession with intent to deliver.

Case 1 :08-mj-00105-UNA Document 8 Filed 06/27/2008 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part HI—Direetions 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
Go vemrnen t, 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.
f r
J¤¤<= 26. 2008 Ae
Date W attire of Judicial of
u =- at Thyngc,Magis · ·Ju ge
Name and Title of Judicial Ojicer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § SOI er seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er
seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

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