Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00078-JJF Document 10 Filed 06/02/2008 Page 1 of 2
m AO 472 (Rev. l2/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
CHESTER J. LEVVIS, Ill, Case Number: 08-78-JJF
Defendant
In accordance with the Bail Reform Act, l8 U.S.C. § 3l42(f), a detention hearing has been held. l conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (1) 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 f`ederal offense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence 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 imprisonment often 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 l8 U.S.C.
§ 3 l42(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 Ending (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. l further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term ofimprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
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 of the community.
Alternative Findings (B)
X (1) 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 ll—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-
derance ofthe evidence that
Based on the Indictment, the report ofthe Probation Office, and other information proferred to the Court during the detention hearing, 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 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 in March 2008. According to the
government, after Dover Police broke up a fight in which Defendant was involved at a restaurant, and after Dover Police had left the scene,
Defendant took out a gun and showed it to another individual involved in the fight. An eyewitness saw Defendant with the gun and placed a
91 l call. When Dover Police returned to the scene, they found Defendant in the passenger seat ofa vehicle at the scene. When the police
opened the passenger door to let Defendant out, he failed to comply with their directions and instead ran; it required a taser and other efforts by
law enforcement to apprehend Defendant. The police located a firearm near the passenger seat of the vehicle in which Defendant had been
sitting. The driver ofthe vehicle told officers that Defendant had possessed the gun.
the weight of the evidence: a grandjury found probable cause. The government’s proffer indicates at least two individuals have stated that
Defendant had a gun. There does not appear to be any dispute that thc firearm recovered from the incident described above traveled in
interstate commerce prior to Defendant’s alleged possession or that Defendant has prior felony convictions.

Case 1 :O8—cr-00078-JJF Document 10 Filed 06/O2/2008 Page 2 of 2
Q AO 472 (Rev l2/03) Order of Detention Pending Trial
the histog; and characteristics ofthe Defendant: Defendant has prior felony convictions for Possession with Intent to Deliver a Narcotic (2005) and
Maintaining a Dwelling for Keeping Controlled Substances (2000). He also has convictions for Possession of Drug Paraphemalia (2003),
Possession ofNarcotic (2003), Carrying a Concealed Dangerous Instrument (1996), and two convictions for resisting arrest (l997 and l998).
He has six violations of probation, most recently in July 2007. Defendant has used marijuana and cocaine for much of his life but states that
he has not done so since 2005. Defendant’s employment history and prospects are limited by a wrist injury. Defendant is a lifelong resident
of Dover and is welcome to return to his parents’ residence, where his two children also reside.
the nature and seriousness ofthe danger to the communig; that would be posed by the Defendanfs release: as a felon in possession of a firearm,
who allegedly brought a firearm to the scene ofa fight in which Defendant had partcipated, and with prior convictions relating to drug
distribution, Defendant would pose a danger to the community if released.
Part llI—Directi0ns 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 sewing 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 ofthe corrections facility shall deliver the defendant to the Unit d States shal f 1:. e purpose of an appearance
in connection with a court proceeding. R
JUNE 2ND, 2008 "
Date S rgmrture of Judge
Honorable Leonard P. Stark
Name and Title 0fJ1rdge
*lnsert as applicable: (a) Controlled Substances Act (2l U.S.C. § SOI er seq.); (la) Controlled Substances Import and Export Act (21 U.S.C. § 95l
et seq.); or (c) Section l of Act of Sept. 15, 1980 (2] U.S.C. §955a).

Case 1:08-cr-00078-JJF

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Case 1:08-cr-00078-JJF

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