Free Order on Motion to Detain Pending Trial - District Court of Delaware - Delaware

Case 1 :07-cr-00140-GIVIS Document 7 Filed 10/25/2007 Page 1 of 1
AO 472 (Rev. 12/O3) Order ofDetention Pending Trial
District of
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
MANUEL MEDLEY, Case Number: 07-140-UNA
Defendant
ln accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 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. § 3I42(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 of ten years or more is prescribed in
>l<
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3 l42(f)(1)(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. (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) andthe community. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
X (I) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term of imprisonment 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 I that no condition or comb` ' · ~ · ' ` · —r · - - y »
. the appearance ofthe defendant as required and the safety ofthe community. F I L E D
Alternative Findings (B)
Q (l) There is a serious risk that the defendant will not appear. I
Q (2) There is a serious risk that the defendant will endanger the safety of another person or the comm nity. 2 5

;·_ _ _ g g .-r.».
Part II—Written Statement of Reasons for Detention
1 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 indictment and the report ofthe Probation Office — and including the
facts that the Defendant is charged with firearms and narcotics offenses, has two prior drug felony convictions, and has additional criminal
convictions — the Court finds that the defendant has failed to rebut the statutory presumption that no combination of conditions could reasonably
assure the safety ofthe community between now and the time oftrial and that the Defendant would appear for all Court events in this matter.
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 ofa court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the def dant to tl Jnitcd State arshal for the purpose of an appearance
in connection with a court proceeding.
Q) ig-QV as gi; D; (
Date Signature of./ridge
Leonard P. Stark U.S. Magistrate
Name and Ti//e 0fJm/ge
*Insert as applicable; (a) Controlled Substances Act (21 U.S.C. § 801 ezseq.); (b)Contro1lcd Substances Import and Export Act (21 U.S.C. § 951
c/seq.); or (c) Section 1 of/\ct ol`Sept. I5, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00140-GMS

Document 7

Filed 10/25/2007

Page 1 of 1