Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O7—mj-OO234—U NA Document 8 Filed 12/O3/2007 Page 1 of 2
.i\O 472 (Rev. I2/03) Order ofDetention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MICHAEL GREENE, Case Number: 07-234-M
Defendant
In accordance with the Bail Reform Act, IS U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this case.
Part I—Findings 0fFact
Q (I) The defendant is charged with an offense described in 18 U.S.C. § 3 I42(f)(I) 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 dehned in l8 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 oftwo or more prior federal offenses described in I8 U.S.C.
§3l42(t)(l)(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 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 (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 del`endant has not rebutted the presumption established by finding I that no condition or combi ation ofcond[l.iuIisn‘ilEeaBiiably assure
- - I
the appearance ofthe defendant as required and the safety ofthe community. __
Alternative Findings (B) I
X (I) There is a serious risk that the defendant will not appear. I-] rp _
X (2) There is a serious risk that the defendant will endanger the safety of another person or the commu iity. U [ L' L
.t.·. l: A _-I*
5 I. HCT . -
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 that
Based on the affidavit ofprobable cause, the report ofthe Probation Office, and other information provided to the Court at the detention hearing,
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 Defendant`s 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 Endings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession ofa firearm. It is alleged. and the Defendant
has essentially admitted, that on or about November 25, 2007 he and a co-Defendant possessed firearms and were involved in an armed
robbery. The victim ot`the robbery was pistol-whipped. When WPD attempted to stop the vehicle the Defendant and his co-Defendant were
operating, the vehicle attempted to fiee until it crashed into another vehicle; then the two occupants attempted to fiee on foot. Two Erearms
were recovered, both of which contained ammunition. Ofncers also found inside the vehicle cocaine and marijuana.
the weight ofthe evidence; is very strong. The Defendant has admitted to possession ofa firearm and a prior felony; neither ofthe firearms
retrieved u ere manufactured in Delaware, so they necessarily traveled in interstate commerce prior to the Defendant’s possession.
the history and characteristics ofthe Defendant: the Defendant has two prior felony convictions for drug-related offenses. I—Ie has two
violations ot`probation and was on probation at the time ofthe instant offense. I-Ie also had an extensivejuvenile record. In Dcfcndant’s favor
are the support of his mother and grandmother, his mother‘s need for his assistance with her health condition, his pregnant fiancee’s support,
and his apparent employment.
the nature and seriousness ofthe danger to the community that would be posed by the Defendanfs release; as a felon in possession ofa nrearm,
with a prior drug distribution conviction as well as possession of drugs on the instant arrest, the Def`endant would pose a danger to the
community if released.

Case 1 :O7—mj-OO234—U NA Document 8 Filed 12/O3/2007 Page 2 of 2
AO 472 (Rev. l2/O3) Order ofDetention Pending Trial
Part III—~Directions Regarding Detention
'l`he del`endant 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 ofa court ofthe United States or on request of an attorney for the
Government. the person in charge ofthe corrections facility shall deliver the defend t to the United States marshal forthe purpose of an appearance
in co ection with a court proceeding,
FL©e/‘·LA'$QT/ 3 ALT) @\.¤
Date ‘ Srgrm/ure 0 dg
Qt 5 /L\ tilt/>{o {
- Name and Titfe of./u e
*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
er seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-mj-00234-UNA

Document 8

Filed 12/03/2007

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Case 1:07-mj-00234-UNA

Document 8

Filed 12/03/2007

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