Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O8—cr-00037-JJF Document 8 Filed O2/20/2008 Page 1 of 2
Q 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
Case
Ira Bland Number: Og ` 3 (tv Nt
Defendant
1n accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(f), a detention hearing has been held. 1 conclude that the following facts require the
detention ofthe 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)(l) 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. § 3 l56(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 pnor federal offenses described in 18 U.S.C.
§ 3 142(f)(1)(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 five years has elapsed since the Q date of conviction 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 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
A (1) _ There is probable cause to believe that the defendant has committed an offense
I I for which a maximum term ofimprisonment often 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 1 that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
V 1 Alternative Findings (B)
(1) 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
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence; Defendant is charged with felon in possession ofa firearm in violation of 18 USC §§ 922 & 924. Defendant was found in
possession ofa stolen firearm which he claims that he purchased. Although defendant was probably no the individual involved in the shooting inci-
dent in December 2007, that does not explain why he had a nrearm on his person on the evening ofFebruary 9. Defendant wa given his miranda
warnings before he made any admissions, but not before he was patied down. Defendant’s history shows are follows: defendant terminated employ-
ment as a cook in January 2008, ajob that he held for 3 years to pursue a record career as a rap artist. Defendant’s criminal history is as follows:
1994 & 1997 found delinquent on assault 3d; convicted on possession a destructive weapon in 1999 for which he was found VOP on 3 occassions.
Convicted ofaggravated menancing in 2000 for which he was found in VOP three times. Convicted on conspiracy 2d in 2005. 1-lis recent past I
history shows a pattern of non-compliance while under supervisor. 1-1e has prior convictions for weapon possession, assault and menancing (crimes
of violence). As a result there are no conditions or combination thereofthat will reasonably assure defendant’s appearance as required and the safety
ofthe community.
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Case 1 :O8—cr-00037-JJF Document 8 Filed O2/20/2008 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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. Z)
February 19, 2008 _ `
Date rgmzttzre 0f.}udic‘ .__,rcer
Mary Pat Thynge, Ma istrate Judge
Name and Title ofhrdicial Ojfcer
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ei seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er
seq.); or (c) Section l ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00037-JJF

Document 8

Filed 02/20/2008

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Case 1:08-cr-00037-JJF

Document 8

Filed 02/20/2008

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