Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00021-JJF Document 12 Filed 02/20/2008 Page 1 of 2


UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OE AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jacguan Smith Case C KO? JL 1 ,
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(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 (1) The defendant is charged with an offense described in 18 U.S.C. § 3 142(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 of violence as defined in 18 U.S.C. § 3156(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
>l·<
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offenses described in 18 U.S.C.
§ 3142(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. I further 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 I
for which a maximum term ofimprisonment often years or more is prescribed in 21 USC § 841 .
X under 18 USC. § 924(c).
X (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.
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 End that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant did not oppose the government’s motion for detention at this time. IN addition, defendant is charged with
three offenses to which the rebuttable presumption applies. Defendant is presently being held in state custody in lieu of bail for state charges.
Defendant has been unemployed since 2005 prior to his recent incarceration. The highlights of defendant’s criminal history are as follows:
September 2006- possession with intent to deliver and carrying a concealed deadly weapon committed to Ferris
December 2005-Possession with intent to deliver and possession ofa schedule 11 substance and resisting arrest- adjudicated delinquent with a VOP
September 2006 resulting in indefinite commitment.
January 2005- theft (misdemeanor LIO robbery 2d)- adjudicated guilty- halfway house placement- July 2005 VOP 30 day commitment.
February 2003- possession of narcotic and offensive touching- adjudicated delinquent
Defendant is presently 19 years old and has 14juvenile convictions beginning in 1998.
In addition, defendant ws arrested in December 2007 for offenses that occurred August 2007. the outstanding charges are robbery lst, reckless
endangering lst, possession ofa deadly weapon during commission ofa felony, possession ofa weapon by a person prohibited and conspiracy 2d.
Defendant has a recent VOP conviction for which he is presently serving 6 months confinement.
- FEL-.! Q; ti jail 2 Q
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t ’Q’Ti.`.Z' ’*f‘ ._ - - l

Case 1 :08-cr-00021-JJF Document 12 Filed 02/20/2008 Page 2 of 2
#¤,». AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part HI—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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant tot - United States marshal for the purpose ofan appearance in
connection with a court proceeding. /
Februay 19, 2008 -
Date Sigzza/ure 0fJm in Ojfirer:
Mary Pat Thynge, agistrate Judge
Nbme and Title of./udicial Ojicer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section .1 0fAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00021-JJF

Document 12

Filed 02/20/2008

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Case 1:08-cr-00021-JJF

Document 12

Filed 02/20/2008

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