Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-cr—OOOO3-GIVIS Document 1 1 Filed O2/08/2008 Page 1 of 2


District of Delaware
UNITED STATES OF AMERICA
V. ORDEEOF DETENTION PENDING TRIAL
Valder Dragon Case C, Q3! · .
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. § 3l42(t)(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 USC. § 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
>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.
§ 3 1 42(f)( l)(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 ofnot more than Eve 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. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c). ·
Q (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 clear and convincing evidence a prepon-
derance ofthe evidence: Defendant is detained because there are no conditions or combination thereofthat will reasonably assure defendant’s
appearance as required or the safety ofthe community for the following reasons:
1. Nature ofthe offense: Defendant is charged with possession ofa firearm by a felon in violation of 18 USC § 922, a serious potentially
violent offense.
2. Strength ofthe evidence: A weapon was found pursuant to a search warrant when defendant was arrested for possession of crack cocaine. He
admitted to possession for the purpose or selling the cocaine intending to use the money to purchase more controlled substances. $664
was found on defendant’s person and defendant has been unemployed since 2006. The inventory taken as a result ofthe search showed that
defendant had 15 oz. of MJ, dmg paraphernalia (scale and baggies) along with a 9 mm lugar found under a mattress in a room that contained
court papers that were the defendant’s documents. Defendant admitted that search should render a gun which he purchased in exchange for I A
controlled substances. The drugs and weapon were found in a home where young children resided.
3. Defendant’s characteristics: Defendant has a number of FTAs, which for the most part he claims ignorance. He admits that the FTAs in 2004
and 2007 for failure to pay child support, but claims that he appeared for criminal matters. As noted above, he has been unemployed since 2006.
Defendant claims that he has been looking unsuccessfully for work. Although he has maintained by living wd·th"(*and‘rpi·o|jgably off) his girlfriend -- .—_
for the past 6 years, that residence also has young children living there as well. Defendant has been convicted of trafficléing cocainitn 19,98 and g
was found in violation of probation two times for that offense in 2000 and 2004. He is presently in civil contempt fprt1iat·~offense=-Defendam- , (
was also convicted in 2004 of DUI (substantially reduced from a number ofdrug offenses) and consumption ofa nonnarcotic schedule I substanee.
He was found in VOP for that offense in late 2004. Defendant wa also convicted of assault 3d in 2004. · tf ; ;. .· .__,,
» E ·- U ti Ju ; E
’ i. z *i:Z·‘:.: Qiainh ` _
4.- _ .. `-1* ifi 1

Case 1 :08-cr—OOOO3-GIVIS Document 11 Filed O2/08/2008 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 of an appearance in
connection with a court proceeding. /7
February 8, 2008 X .. i
Date Signature J rficiaf Owcer
Mary Pat Thynge, Magistrate Judge
Name and Title 0fJudiciaI Officer
*Insert 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 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a),

Case 1:08-cr-00003-GMS

Document 11

Filed 02/08/2008

Page 1 of 2

Case 1:08-cr-00003-GMS

Document 11

Filed 02/08/2008

Page 2 of 2