Free Order of Detention - District Court of Delaware - Delaware


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Date: November 19, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00159-JJF Document 8 Filed 11/19/2007 Page 1 of 2
as AO 472 (Rev. l2/O3) Order ofDetention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
TARREL D. ANDERSON, Case Number: 07-226-M
Defendant
In accordance with the Bail Reform Act, I8 U,S.C. § 3 I42(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 (I) 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 oft`ense ifa circumstance giving rise to federal jurisdiction had existed - that is
Q a crime ofviolenee as defined in I8 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 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 I8 U,S.C.
§ 3l42(f)(I )(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 ofnot 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
safety of(an) other person(s) 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 l8 U.S.C, § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofconditions will retis · " ·
the appearance ofthe defendant as required and the safety ofthe community. F I I- E D
Alternative Findings (B)
X (I) There is a serious risk that the defendant will not appear.
(2) There is a ser`ous r`sl< that the defendant will endan er the safr of another erson or the commun . .
X I I g dy p Y tggtyt 1_ 9 ZOUY
"'
U_ _ I ' | | I
Part II—Written Statement ofReasons 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 of the evidence that
The Defendant waived his right to contest pretrial detention. Based on the affidavit of probable 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 Defendants trial. The Court further finds that no combination ofconditions could reasonably assure that the Defendant would
appear for all 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 ofthe offense: the Defendant is accused ofbeing a felon in possession ofa firearm.
the weight ofthe evidence: is strong. An arresting officer found a firearm in plain view inthe rear ofa vehicle being operated bythe Defendant.
the histog and characteristics ofthe Defendant: although having ties tothe community and having some positive employment history, the
Defendant has live prior convictions (not including driving offenses), including two assault convictions (one involving a child), He has l2
t`ai|urcs to appear for court events, at least six violations of probation, and was on probation at the time ofthe instant offense.
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
assault convictions, 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 :07-cr-00159-JJF Document 8 Filed 11/19/2007 Page 2 of 2
et AO 472 (Rev. 12/03) 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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defenda tto the United States marshal for the purpose of an appearance
in connection with a court proceeding. (
D} J! btmtv`7 Qjxzxt
Date Signature ofjtzdge
Leonard P. Stark U.S. Magistrate
Name and Tit/2 0fJzzdge
*1nsen 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
etseq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

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