Free Order of Detention - District Court of Delaware - Delaware

Case 1:08-mj-00082-UNA Document 7 Filed 04/21 /2008 Page 1 of 2
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
SEBRON FLEMING. Case Number: 08-82-M
Defendant
ln accordance with the Bail Reform Act. 18 U.S.C. § 3 l42(i). a detention hearing has been held. I conclude that the following facts require the
detention of`the defendant pending trial in this case.
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 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 18 U.S.C. § 3156(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
lk
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C.
§ 3 l42(f)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in linding (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 tive years has elapsed since the Q date ofconviction Q release ofthe defendant from imprisonment
for the offense described in finding (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 (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term ofimprisonment often years or more is prescribed in .
Q undcr18 U.S.C. §924(c).
Q (2) The dcf`endant has not rcbutted the presumption established by finding 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and thc safety ofthe 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 Il—Written Statement of Reasons for Detention
l find that the credible testimony and ini`ormation submitted at the hearing establishes by X clear and convincing cvidcncc X a prepon-
derance of the evidence that
Based on the affidavit of probable cause, the report ofthe Probation Office, and other information provided to the Court during the detention
hearing, 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 Delendant’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 ofthe offense: the Defendant is accused of being a felon in possession ofa firearm. Specifically, the Defendant
allegedly sold a shotgun, with no serial number. to a confidential information working with law enforcement. The Defendant has given a
statement to law enf`orcement admitting to the sale ofthis shotgun as well as a prior sale of a shotgun to the same Cl. The CI used one ofthe
shotguns to commit suicide.
the weight ofthe evidence: is strong. The Defendant waived his right to a preliminary hearing, so probable cause is not contested. As noted,
the Defendant gave a statement admitting to selling to the Cl the shotgun identified in the affidavit supporting the complaint as well as another
shotgun. There is no dispute that the Defendant had previously been convicted of felony offenses of assault second, maintaining a dwelling for
keeping controlled substances, and burglary third. There is also no dispute that the firearm traveled in interstate commerce prior to the
Defendants alleged possession of it.

Case 1:08-mj-00082-UNA Document 7 Filed 04/21 /2008 Page 2 of 2
e AO 472 (Rev. 12/O3) Order of Detention Pending Trial
the histog and characteristics ofthe Defendant: the Defendant has three prior felony convictions and two misdemeanors, including unlawful sexual
contact (which requires him to register as a sex offender). He has at least 4 prior violations ofprobation and several failures to appear. On the
other hand, he has a relatively stable employment history and his employer is willing to keep him on despite his current charges. He is a
lifelong resident of Wilmington. He has the strong support of his girlfriend, who is pregnant with his child (and to whose 5 year-old he has
become a father figure) and his mother, both of whom spoke eloquently on his behalf in Court. He has the support of other neighbors and
family as well, some of whom wrote the Court letters.
the nature and seriousness ofthe danger to the community that would be posed by the Delendanfs release: as a felon in possession ofa firearm,
who admitted to selling at least two Shotguns. who has a prior record including violence, the Defendant would pose a danger to the community
if released.
Part IlI—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in acorrections 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
Government, the person in charge ofthe corrections facility shall deliver the defen nt to th United es mars al for the purpose ofan appearance
in connection with a court proceeding.
APRIL 21ST, 2008 t
Date S rgrmrure of Judge
Hon. Leonard P. Stark
Nome and Title ofJudge
*Insert as applicable; (a) Controlled Substances Act (2i U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
er seq ); or (c) Section 1 ofActofSept. I5. 1980 (21 U.S.C. § 955a).

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