Free Order on Motion to Detain Pending Trial - District Court of Delaware - Delaware

Case 1 :08-cr-00075-SLR Document 7 Filed 04/15/2008 Page 1 of 2
AO 472 (Rev. 3!8(i) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORD OF ETENTION PENDING TRIAL
Teddy Coppedge Case
r')e_;%ndnn! M
In accordance with the Bail Reform Act, IS U.S.C. § 3I42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe 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)(l) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving risc to federal jurisdiction had existed that is
Q a crime of violence as defined in IB 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
>k
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in IS U.S.C.
§ 3 I42(l)(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 ofthe 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 pcrson(s) and the community. I further find that the defendant has not rebuttcd this presumption.
Alternative Findings (A)
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment often years or more is prescribed in .
Q under IS U.SrC. § 924(c).
Q (2) The defendant has not rebuttcd the presumption established by finding I that no condition or combination ofeondittons will reasonably assure
the appearance ofthe defendant as required and thc safety ofthe community.
Alternative Findings (B)
(I) There is a serious risk that the defendant will not appear.
(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 Hnd that the credible testrmony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
dcrance ofthe evidence: Defendant waived hrs right to a preliminary hearing. As a result the court relies upon the criminal complaint with
affidavit for the facts in this matter. For the reasons contained herein, the court finds that there are no conditions or combination thereof that will
reasonably assure defendant’s appearance as required and the safety ofthe community:
Nature of the offense; Defendant is charged with possession ofa weapon by a convicted felon. Defendant faces a serious charge having previously
been convicted of carrying a concealed deadly weapon in November 2004, possession with intent to deliver a narcotic schedule I controlled
substance in April 2006 and delivery ofa narcotic schedule I controlled substance within l000 feet ofa school in April 2006.
Strength ofthe evidence: Defendants vehicle was searched and the glove compartment 21 sauer 9 mm handgun was found. After being
Mirandized defendant admitted that thc firearm was bis. In addition, he also admitted that the MJ found in the vehicle was his. He further
stated that an individual got into his car to buy MI from defendant. During that exchange, thc person produced a gun and offered to sell it to
defendant. Defendant admitted purchasing the gun for S300 and $100 worth of crack, Therefore, defendant not only admitted to possession of
the weapon which was Ibund. but also two drug transactions. Although he is not presently charged with any drug offense, his conduct reflects
upon the third element that this court must consider. that is, charactertstics ofdefcndant.
Characteristics ot“dcf`e11dant: As not above, defendant within the past 3 % years has been convicted ofa weapons offense and 2 drug offenses.
He has 3 I~"I`As which hc explains as a mixup in his correct address. He did complete his probation for the offenses and was discharged. He is
a 5 years resident of this area and at the time ofthe offense, for the most part lives with his girlfriend and their children. Hers presently going to
barber school and plans to graduate this August and take his boards in October. He admittedly smokes 2 blunts a day of MJ despite having
undergone treatment through thc Crest Program and the Key Program. He lives with his girlfriend when they arcn’t fighting. He had
available to him a stable living arrangement with an educational program ongoing, yet continued in his past criminal activity. He does not feel
tht he has a drug problem claiming that he can quit anytime- but hasn’t despite treatment.

Case 1:08-cr—OOO75-SLR Document 7 Filed O4/15/2008 Page 2 of 2
AO -172 {Rex 3*86) Order of Detention Pending lrial
Part IIIeDirections 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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. I
April I5, 2008
Date _gnnrrtrr# qfJudi “ cer
Mary Pat Thyngc, Magistrate Judge
Name and Title ufJ1m'icrc1»' OjjGcer
*lnscrt as applicable: (a) Controlled Substances Act (2l U.S.C. § 801 er seq.); (_b) Controlled Substances import and Export Act (2] U.S.C. § 951 er
seq.); or (c) Section l ofActofScpt. 15, l9S0 (2i U.S.C. § 955a).

Case 1:08-cr-00075-SLR

Document 7

Filed 04/15/2008

Page 1 of 2

Case 1:08-cr-00075-SLR

Document 7

Filed 04/15/2008

Page 2 of 2