Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00060—GlV|S Document 7 Filed 03/1 1/2008 Page 1 of 2
°®» AO 472 (Rev. l2fO3) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MALIK SAMUELS, Case Number: 08-53-M
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 I42(f), a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part l—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(l) 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 risc to federal jurisdiction had existed - that is
Q a crime of violence as defined in IS 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 (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
f`or 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)
Q (l) 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 under IS U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I 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 llewritten 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-
dcrance ofthe evidence that
Based on the affidavit ofprobable 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 Defenclant’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. Wilmington Police Department
officers observed the Defendant remove a silver object from his waistband and discard the item under a vehicle, where it landed with a
metallic-sounding thud. They recovered the item and it turned out to be a Smith and Wesson 38 caliber model 64-I loaded firearm.
the weight ofthe evidence: is strong. The Det`endant waived his right to a preliminary hearing, so probable cause is not contested. The WPD
officers’ observations are sufficient to establish probable cause of possession. There does not appear to bc any dispute that the
Defendant had two prior felony convictions — Possession with Intent to Deliver a Schedule I Controlled Substance and Carrying a Concealed
Deadly Weapon. both in New Castle County Superior Court in 2006 — or that the firearm traveled in interstate commerce prior to the
Defendant’s alleged possession of it.
the history and characteristics ofthe Defendant: the Defendant has two prior felony convictions, noted above. More recently, in February 2008, he
was arrested on drug·related charges; he was on pretrial release for this alleged offense at the time of his arrest on the instant felon in
possession charge. He has at least one violation of probation. The Defendant is a lifelong resident of Wilmington and has the support of his
mother and girlfriend.
the nature and seriousness ofthe danger to the community that would be posed by the Defendant’s release: as a felon in possession ofa firearm,
with prior convictions relating to firearms and drugs, the Defendant would pose a danger to the community if released.

Case 1 :08-cr-00060—GlV|S Document 7 Filed 03/1 1/2008 Page 2 of 2
se AO 472 (Rev. I2!03) Order of Detention Pending Trial
Part lII—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative forconfinement 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 attorney for the
Government, the person in charge ofthe corrections facility shall deliver thedefendant the ited States marshal for the purpose ofan appearance
in connection with a court proceeding.
MARCH I ITH, 2008 l
Date Signature of Judge
Hon. Leonard P. Stark
Name and 7`Hie 0fJudge
*Insert as applicable: (a) Controlled Substances Act (2l U.S.C. § 801 er seq.): (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
etseq.); or (c) Section I ofAct of Sept. I5, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00060-GMS

Document 7

Filed 03/11/2008

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Case 1:08-cr-00060-GMS

Document 7

Filed 03/11/2008

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