Free Order of Detention - District Court of Delaware - Delaware

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Case 1 :07-cr-00143-JJF Document 9 Filed 10/22/2007 Page 1 of 1
%r AO 472 (Rev. 12/O3) Order ofDetention Pending Trial
District of
Charles Warren, Case Number: 07-195M
In accordance with the Bail Reform Act, 18 U.S.C. §3142(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 (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) 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 oftwo or more prior federal offenses described in 18 U.S.C.
§ 3142(f)(1)(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 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 (1).
Q (4) Findings Nos. (1), (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)
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in 21 USC Section 841 .
Q under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination ofeonditions will reasonably assure
the appearance ofthe defendant as required andthe safety ofthe community.
Alternative Findings (B) F I I- E D
Q (1) There is a serious risk that the defendant will not appear.
Q (2) There is a serious risk that the defendant will endanger the safety of another person or the commu ity. I
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I i _·. , i F ""
Part II—Written Statement o1` 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 information before the Court, including the report of the Probation
Office — and including the facts that the Defendant has two prior drug felonies, has multiple violations of probation and failure to appear eapiases,
and was on probation at the time ofthe instant offense — the Court finds that the Defendant failed to rebut the presumption that, if released, he
would not appear for all necessary Court events in this matter and would pose a danger to the community.
Part III—Directi0ns Regarding Detention
The defendant is cornrnitted 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 sewing sentences or being held in custody pending appeal. The def`endant 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 ofan appearance
in connection with a court proceeding.
drév *
Date Signazure of Judge
Leonard P. Stark U.S. Magistrate
Name and Title of./udge
*Insert as applicable; (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
wseq.); or (e) Section 1 o1`Act of Sept. 15, 1980 (21 U.S.C. § 95521).

Case 1:07-cr-00143-JJF

Document 9

Filed 10/22/2007

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