Free Order of Detention - District Court of Delaware - Delaware


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Case 1 :07-cr-00162-JJF Document 8 Filed 1 1/O9/2007 Page 1 of 2
% 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
Collin Cole Case Q Il. - 'ZJ ( Q {VK
Defendant
ln accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. l 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 l42(f)(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 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 ofimprisonment 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.
§ 3 l42(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 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 tinding (1).
Q (4) Findings Nos. (1), (2) and (3) establish a rebuttable presumption that no condition or combination ofconditions will reasonably assure the
safety of(an) other person(s) and the community. l 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 defendanthas notrebutted the presumption established by finding l 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 H-Written Statement of Reasons for Detention
I Gnd that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant is charged with re-entry after deportation under 18 USC § l326(a) & (b)(2). Defendant did not contest detention
at this time but reserved the right to do so in the future which was granted. The strongly evidence shows that defendant was deported as an
aggravated felon, that he did not obtain permission to re-enter the US, that he is a citizen of Jamaica and the he returned to the US without
permission. I-le has a prior conviction for attempted assault l“ for which hewas found VOP in 2001 and for which he received further imrpisonment.
He ws also convicted ogff attempted assault 2"" for which he received 2-4 year imprisonment and he wasjust convicted of criminal impersonation
in this state, which suggests a risk of flight.
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Case 1 :07-cr-00162-JJF Document 8 Filed 1 1/O9/2007 Page 2 of 2
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for connnement 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 to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. /_ '
November 9, 2007 t ` ll-_ ll _ _, ,
Date Sz`g»mture a rial Ojicer
l\/laiy Pat Thynge, Magistrate Judge
Name and Title 0fJudicial Omeer
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (0) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).

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