Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O8—cr—OOOO5-SLR Document 12 Filed O2/06/2008 Page 1 of 2
kia 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
Terrence Ross Case C K (if 1 - 6 ,5-1 Q/
Defendant O O L- ‘
In accordance with the Bail Refonn 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. § 3142(t)(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. § 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 18 U.S.C.
§ 3142(f)(1)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in Ending (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
X for which a maximum term ofimprisonment often years or more is prescribed in 21 USC § 841 .
X under 18 U.S.C. § 924(c).
XD (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
I find 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, but reserved the right to do so in the future
which was granted. In addition, the bases for detention are as follows:
1. The charges against defendant either involve serious drug offenses or a weapons offense infurtherance ofa drug trafficking crime to which the
rebuttable presumption applies. Defendant has not rebutted that presumption.
2. Although defendant has had a stable residence, he has been unemployed for quite awhile.
3. Defendant has been known by at least three aliases.
4. Defendant’s criminal history is significant including conviction for distribution of crack (federal) in 1991, for which he violated supervised
release. Further, defendant was not employed at the beginning of his release nor at the end in 1996. Defendant was convicted of possession of a
narcotic substance in 1993 and found in VOP of state probation.. Between 2004 and 2006, defendant was convicted twice for DUI. DELJIS
indicates that defendant has failed to appear for scheduled court dates at least four times. He was also convicted of assault.
5. Defendant has a signincant substance abuse history. At the time of his arrest, defendant has crack, and powdered cocaine, MJ and a shot gun in
his residence where children also reside.
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Case 1:O8—cr—OOOO5-SLR Document 12 Filed O2/06/2008 Page 2 of 2
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 at 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 ofa court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendar-r~t—te. re United States marshal for the purpose ofan appearance in
connection with a court proceeding. F \E _
February 6,2008 . j ,~& !">"' " `J A
Date "i Signature 0f./rulic` tl ` ficer
r'
Q_ Mary Pat Thynge, agis rate Judge
Name and Title 0fJudiciaZ Ojicer
*lrrsert as applicable; (a) Controlled Substances Act (2l U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:08-cr-00005-SLR

Document 12

Filed 02/06/2008

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Case 1:08-cr-00005-SLR

Document 12

Filed 02/06/2008

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