Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00102-UNA Document 7 Filed 06/12/2008 Page 1 of 2
% AO 472 (Rev. I2/03) Order ofDetention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MICHAEL LlNDSEY= Case Number: 08-102-M
Defendant
In 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 the
detention ofthe defendant pending trial in this case.
Pa rt l—Findings of Fact
Q (I) The defendant is charged with an offense described in l8 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 of violence as defined in IS U.S.C. § 3 I 56(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 oftwo or more prior federal offenses described in 18 U.S.C.
§ 3l42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) 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. (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 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(tc).
Q (2) The defendant has not rebutted the presumption established by finding l that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe 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 of another person or the community.
Part II—Written 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 ofthe evidence that
The Defendant waived his right to contest pretrial detention. Based on the affidavit of probable cause and the report ofthe Probation Office, the
Court finds clear and convincing evidence that no combination of conditions could reasonably assure the safety ofthe community between now and
the time ofthe Defendant’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 of the offense: the Defendant is accused of being a felon in possession of a firearm. Law enforcement observed him
showing a firearm to others.
the weight of the evidence: is strong. ln addition to the observations of law enforcement and a tip from a confidential information that the
Defendant was armed. the Defendant gave a post-arrest statement in which he admitted he had transported the firearm. There is no dispute that
Defendant has at least four prior felony convictions and that the firearm was manufactured outside of Delaware and necessarily traveled in
intcrestate commerce prior to Defendant’s alleged possession of it.
the histogg and characteristics ofthe Defendant: Defendant has at least four prior felony convictions and numerous other convictons as well. He has
at least 27 failures to appear.
the nature and seriousness ofthe danger to the communig that would be posed by the Defendant’s release: as a felon in possession, with numerous
prior convictions, Defendant would pose a danger to the community if released.

Case 1 :08-mj-00102-UNA Document 7 Filed 06/12/2008 Page 2 of 2
% AO 472 (Rev. 12/03) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe 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 attomey for the
Govemment, the person in charge of the corrections facility shall deliver the defen tto the United States marshal for the purpose ofan appearance
in connection with a court proceeding.
JUNE 12TH, 2008
Date S igmzmre of Judge
lion. Leonard P. Stark
Name cmd Ti!/e 0f.]udge
*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
et seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. §955a).

Case 1:08-mj-00102-UNA

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Case 1:08-mj-00102-UNA

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