Free Order of Detention - District Court of Delaware - Delaware


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Case 1 :07-mj—00220 Document 7 Filed 1 1/20/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial l

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA _
V. ORDER OF DETENTION PENDING TRIAL
Philip Graham - Case O l _, O A/\
Defendant
ln accordance with the Bail Reform Act, IS U.S.C. § 3 l42(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 (I) The defendant is charged with an offense described in IS U.S.C. § 3 l42(f)(l) and has been convicted of a Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is
Q a crime of violence as defined in 18 U.S.C. § 31 56(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 of ten years or more is prescribed in ·
>Â¥
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C.
§ 314-2(i)(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 live years has elapsed since the Q date of conviction Q release of the 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) _
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under IS U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding I that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B)
(I) 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
l find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant did not contest detention but reserved the right to do so in the future which was granted. Defendant is
charged with knowlingly receiving and attempting to receive child pornography in violation of I 8 USC § 2252A for which the rebuttable
presumption applies and a minimum mandatory sentence of 5 years applies. Defendant has had a number of employers and is presently
working for Bls Wholesale (2 weeks). Defendant admitted to drinking since age I5 and around the same time became a regular MJ user. He has
discontinued the use of that drug and denies any mental health problems. He has some other health concerns including gastric reflux and diabetes.
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Case 1 :07-mj—00220 Document 7 Filed 1 1/20/2007 Page 2 of 2
& AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part IH-—-—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. `
N¤V¤mb¢1‘ 19, 2007 K 1: .
Date V - Signature ofJudi··@= O Y cer
Mary Pat Thynge, Magistrate Judge
Name and T ttle 0fJndtctal O_)j"icer
*insert 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 et
seq.); or (c) Section 1 0fAct 0fSept. 15, 1980 (21 U.S.C. § 955a).

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