Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr-00007-SLR Document 9 Filed 01/15/2008 Page 1 of 2
et AO 472 (Rev. I2/U3) Order ot`Detention Pending Trial

District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Ryan Evans, Case Number: O8·O8—M
Defendant
in accordance with the Bail Reform Act, IS U.S.C. § 3 l42(f`), a detention hearing has been held. I conclude that the following facts require the
detention ofthedefendant pending trial in this case.
Part I-Findings of Fact
Q (I) The defendant is charged with an offense described in IS 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 if a circumstance giving rise to federal jurisdiction had existed - that is
Q a crime of violence 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 of two or more prior federal offenses described in IS U.S.C.
§ 3 l42(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 (I).
Q (4) Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combination of conditions will reasonably assure the
saf`ety of (an) other personts) 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 estabiished by finding I that no condition or combination ofconditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
Alternative Findings (B) I
X (I) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—~·»W1·itten Statement of Reasons for Detention -
l find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence that
The Defendant waived his right to contest pretrial detention. Based on the evidence elicited at the probable cause hearing, and information
contained in the affidavit ofprobable cause and the report ofthe Probation Office, the Court finds clear and convincing evidence that no
combination of conditions could reasonably assure the safety ofthe community between now and the time ofthe Defendant’s trial. The Court
further finds that no combination of conditions could reasonably assure that the Defendant would appear for ail 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 of the offense: the Defendant is accused of being a felon in possession ofa firearm and possessing a distributable
quantity of heroin.
the weight ofthe evidence: is very strong. The Defendant gave a statement in which he admitted he threw a firearm out the window ofhis
residence; officers executing a search warrant at the residence retrieved the firearm. Heroin was found in a dresser in Defendant'"s room along
with identification belonging to the Defendant. Baggies consistent with distribution of drugs were also found in the residence.
the historv and characteristics of the Defendant; the Defendant was on supervised release for a federal felon in possession of a firearm conviction at
the time of his instant arrest. He has at least one additional state felony and several other convictions. He does not appear to have been
compliant with the terms of his supervised release.
the nature and seriousness ofthe danger to the community that would be posed by the Defendant’s release: as a felon in possession, with prior
convictions involving guns (and others involving drugs), and as an individual who has not fared successfully under previous efforts ofjudicial
supervision, the Defendant would pose a serious danger to the community if released.

Case 1 :08-cr-00007-SLR Document 9 Filed 01/15/2008 Page 2 of 2
ses AO 472 (Rev. 12/03) Order ot`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 ofthe United States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the d ndant to tg? United States marshal for the purpose of an appearance
in connection with a court proceeding. .
IDate Signature of Judge
Leonard P. Stark U.S. Magistrate
Name and Title ofJudge
*lnsert as applicable; (a) Controlled Substances Act (2l U.S.C. § SOI er seq.); (b) Controlled Substances import and Export Act (2i U.S.C. § 951
er seq.); or (c) Section l ofAct of Sept. I5, l98O (21 U.S.C. § 955a).

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