Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr—00057-JJF Document 8 Filed 04/1 1/2008 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Dawann Dixon Case (Z _ q_
Defendant Cl Q X 5 °
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(f), 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. § 3142(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 rise to federal jurisdiction had existed that is
Q a crime of violence as defined in 18 U.S.C. § 3 l 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
i
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C. _
§ 3142(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 of the 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. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that thc defendant has committed an offense
for which a maximum term of imprisonment 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 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.
Pa rt Il—Written Statement of Reasons for Detention
I find that the eredible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant wisely did not contest the govemment’s motion for detention. In addition to his waiver, the court finds that there
are no conditions or combination thereof that will reasonably assure defendant’s appearance as required and the safety of the community because:
Nature of the offense: Defendant is charged with possession of a firearm by a convicted felon, the same offense on which he is presently on
supervised release aiier serving a prison term. So he is also probably in violation of federal supervised release.
Strength of the evidence: Pursuant to the affidavit in support of the criminal complaint, defendant was found with the loaded wcapon on his person
with 21 rounds of ammunition. The handgun was concealed in defendant’s waistband. Further, defendant had in his possession 1 gm crack cocaine.
Charaeteristies of defendant: In addition to being on supervised release for a conviction on the same offense in 2006, defendant was previously
found in violation of supervised release resulting in a modification of his condition in February 2008. At the time of his arrested, there are
outstanding assault 2d charges at the state level (regarding alleged use of a gun) and offensive touchingfcontributing a delinquency of a minor at the
state level which result in his previous violation.
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Case 1 :08-cr—00057-JJF Document 8 Filed 04/1 1/2008 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III-Directions Regarding Detention
The defendant is committed to the custody of the Attomey 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 attomey for the
Government, the person in charge of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in
connection with a court proeceding.
April l l, 2008
Date rgmzture of Judicial O
ary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojicer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § BOI et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ei
seq.); or (c) Section l ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00057-JJF

Document 8

Filed 04/11/2008

Page 1 of 2

Case 1:08-cr-00057-JJF

Document 8

Filed 04/11/2008

Page 2 of 2