Free Order of Detention - District Court of Delaware - Delaware


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Date: March 7, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :08-cr-OOO29—GlV|S Document 9 Filed O3/07/2008 Page 1 of 2
as AO 472 (Rev. l2!03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
BRIAN KEITH TINSLEY, II, Case Num ber: 08-29-GMS
Defendant
ln accordance with the Bail Reform Act, I8 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 I—Findings of Fact
Q (I) The defendant is charged with an offense described in I8 U.S.C, § 3l42(t)(I) 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 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 18 U.S.C.
§ 3 I42(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
for 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 pcrson(s) and the community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment 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 ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (I) 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 Il—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by I] clear and convincing evidence X a prepon-
derance of the evidence that
The Defendant waived his right to contest pretrial detention. Based on the report ofthe Probation Office, the Court 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.
the weight ofthe evidence: a grandjury has found probable cause.
the histogg and characteristics ofthe Defendant: although having significant ties to the community. the Defendant has previously received six
capiases that were issued for failure to appear for court proceedings.
thc nature and seriousness of the danger to the community that would be posed by the Def`endant`s release: as a felon in possession. with prior
convictions involving guns. drugs, and assault, the Defendant may pose a danger to the community if released.

Case 1 :08-cr-OOO29—GlV|S Document 9 Filed O3/07/2008 Page 2 of 2
as AO 472 (Rev, l2ftJ3) Order of Detention Pending Trial
Part llI~—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 of an appearance
in connection with a court proceeding. Q
March vm. 2008 '
Date Signature of Judge
Hon. Leonard P. Stark U.S. Magistrate Judge
Mime and Title 0fJudge
’°‘Insert as applicable: (a) Controlled Substances Act (2] U.S.C. § SOI et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 95l
et seq.); or (c) Section l of Act of Sept. I5, l930 (2l U.S.C. § 95521).

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