Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00235-U NA Document 7 Filed 1 1/28/2007 Page 1 of 2
AO 472 (Rev. I2/03) Order ofDetention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
JOHN W. STEED, Case Number; O7—235—M
Dejenrfmrr
In accordance with the Bail Reform Act, IS U.S.C. § 3 I42(f), a detention hearing has been held. I conclude that the following facts require the
detention ot`the defendant pending trial in this case.
Part I—Findings of Fact
Q (I) The defendant is charged with an oflense described in I8 U.S.C. § 3 I42(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 dehned in I8 U.S.C. tj 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
ak
Q a felony that was committed after the defendant had been convicted oftwo or more prior federal offcrrses described in l8 U.S.C,
§ 3I42(f)(I )(A)-(C), or comparable state or local offenses.
Q (2) The oflense 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 tive years has elapsed since the Q date ofconviction 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 ofeonditions 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)
(I) 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 .
under I8 U.S.C. § 924(c).
(2) The defendant has not rebutted the presumption established by finding I that no condition or combinat · r ·: i . ` .. r , r . .
the appearance ofthe defendant as required and the safety ofthe community. F I L E D
Alternative Findings (B)
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 communit . lirltnj 2 Q
_ _ lr _ 2 I 2
• rr • • Awi‘rHE
Part 1I—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 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 Ends clear and convincing evidence that no combination of conditions could reasonably assure the safety ofthe community between now and
the time of the Defendant’s trial. The Court further finds that no combination ofeonditions 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 of being a felon in possession ofa nrearm,
the weight ofthe evidence: is strong. An arresting ofncer found a firearm in plain view in the rear ofa vehicle the Defendant and his co-Defendant
had immediately bef`ore operated; another firearm was found near the scene ofthe Defendant’s apprehension following his flight from law
enforcement.
the history and characteristics ofthe Defendant: although having ties to the community and having some positive employment history, the
Defendant has a prior felony conviction for trafficking in cocaine, has two violations ofprobation, 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 a previous
conviction for drug trafficking. and having been in possession of cocaine and marijuana at the time he was in possession of the firearms in
connection rx ith the instant offense, thc Defendant would pose ti danger to the community ifrclcased.

Case 1 :07-mj-00235-U NA Document 7 Filed 1 1/28/2007 Page 2 of 2
AO 472 (Rev. 12/03) Order of Detention Pending Trial
Part 1II—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in aeorrections 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 ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the de `endant to the United States marshal for the purpose ofan appearance
in connection with rr court proceeding.
r\i·»»—lt,¤,»;.g, >.¤»v QA,. . A
Date Signature of./uclge
Leonard P. Stark U.S. Magistrate
Name and Title 0fJuc/ge
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ezseq.); (b) Controlled Substances Import and lixport Act (21 U.S.C. § 951
er seq ); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. §955a),

Case 1:07-mj-00235-UNA

Document 7

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Case 1:07-mj-00235-UNA

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