Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00030-JJF Document 8 Filed 02/1 1/2008 Page 1 of 2 _
%i 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
Marcus Dryden Case 3 .. Q)
Defendant O I A/I
In accordance with the Bail Reform Act, l8 U.S.C. § 3l42(f), adetention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case.
Part I—Findings of Fact
Q (I) The defendant is charged with an offense described in l8 U.S.C. § 3 l42(‘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 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 ofimprisonment often years or more is prescribed in
>l<
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 I42(f`)(I)(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
for the offense described in finding (I). _ _ _
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) I
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment often years or more is prescribed in .
i Q under I8 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B) `
(I) 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
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant did not contest detention at this time but reserved the right to do so in the future which was granted. IN
addition, there are no conditions or combination thereofthat will reasonably assure defendant’s appearance as required and the safety ofthe
community because:
Defendant`s past criminal history which includes a conviction for maintaining a vehicle for keeping controlled substances in March 2007, for
which he has been found VOP on 2 occassions and has a pending VOP for the present charges of felon in possession ofa firearm. His state
probation indicates that defendant’s compliance with state probation is terrible. Further, the evidence indicates that he misrepresented to his ,
state probation officer his residence. At the time ofthis offense, defendant was on state probation. In addition, he has a pending charge of
possession of MJ and driving while under suspension.
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Case 1 :08-cr-00030-JJF Document 8 Filed 02/1 1/2008 Page 2 of 2
AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—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 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 the defendant to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. _
February 8, 2008 _ -- .../L!11;..m¤.. _
Date -5 nature 0f Jud "zcer
Mary Pat Thynge, agistrate Judge
Name and Tit/e 0fJua/icial Ojicer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 el seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 et
seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00030-JJF

Document 8

Filed 02/11/2008

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Case 1:08-cr-00030-JJF

Document 8

Filed 02/11/2008

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