Free Order of Detention - District Court of Delaware - Delaware

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Case 1 :08-cr-00045-GIVIS Document 12 Filed O3/20/2008 Page 1 of 1
Q AO 472 (Rev. 12/03) Order of Detention Pending Trial
District of DELAWARE
MATTHEW PALMER, Case Number: 08-45-UNA
ln accordance with the Bail Reform Act, IS U.S.C. § 3l42(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 (I) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(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 ofviolence 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 ofimprisonmcnt often years or more is prescribed in
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.
§ 3 l42(l`)(l)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (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 live 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. 1 titrther find that the defendant has not rebutted this presumption.
Alternative Findings (A)
X (1) There is probable cause to believe that the defendant has committed an offense
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X .I'nv•/vvnj 4 6rMu of ¤·`¤·/{na; [/y M S Ag) 3/$1} 4,,.4 n mtime wkmor.
X (2) The defendant has not rebutted the presumption established by finding 1 that no condition or com ination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
Q (1) There is a serious risk that the defendant will not appear.
Q (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
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The Defendant is charged in a fourteen-count indictment with receipt, attempted distribution, and possession of child pornography; and receipt and
attempted distribution of obscene material. The Defendant waived his right to contest pretrial detention. Based on the indictment and the report of
the Probation Office, the Court finds that the Defendant has failed to rebut the statutory presumption that no combination of conditions could
reasonably assure the safety ofthe community between now and the time oftrial and that the Defendant would appear for all Court events in this
Part IlI—Directions 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 ofa court ofthe United States or on request of an attorney for thc
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.
MARCH 20“', 2008 · ·
Date i nature of Judge
Hon. Leonard P. Stark U.S. Magistrate Judge
Name and Title ofJ1rdge
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 er seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
er seq.); or (c) Section I of Act of Sept. 15, 1980 (21 U.S.C. §955a).

Case 1:08-cr-00045-GMS

Document 12

Filed 03/20/2008

Page 1 of 1