% AO 472 (Rev. l2f03) Order ofDetention Pending Trial L
- UNITED STATES DISTRICT COURT E
·= t ‘ District of ‘ __`___ -
UNITED STATES OF AMERICA
V. ORDER OF DETENT ION PENDING TRIAL
JALAL ALIAHMED, Case Number: 07-126-UNA
Defendant
ln accordance with the Bail Reform Act, l8 U.S.C. § 3 l42(t), 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 of Fact
Q (l) The defendant is charged with an offense described in IS U.S.C. § 3l42(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. § 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 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)(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 of the defendant from imprisonment
for the offense described in finding (1).
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:] ( l) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment of ten years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding 1 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) EI-.` I L E D
X (I) 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 communi .
tj 1 In j ;
1_
{ A jo i u
' .2...2 " ` ' ` I
Part Il———Written Statement of Reasons for Detention
I End that the credible testimony and infomation submitted at the hearing establishes by I] clear and convincing evidence X a prepon-
derance of the evidence that
Based on the proffers of the parties, the affidavit attached to the Criminal Complaint, and other information provided to the Court by the
Probation Office andthe parties, the Court finds by a preponderance of the evidence that no combination of conditions could reasonably assure 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 of the offense: the Defendant has been indicted for possession with intent to distribute marijuana and escape from
custody of an officer ofthe U.S. He slipped out from the handcuffs that federal agents were using to restrain him. He remained at large for
approximately ten days before turning himself in.
the weight of the evidence: Defendant has admitted to at least a portion ofthe narcotics offense. With respect to the escape offense, there does not
appear to be any dispute that the defendant was in federal custody, then was not, and then turned himself in.
the history and characteristics of the Defendant: Defendant has committed prior offenses, as an adult and ajuvenile, including a drug offense and
robbery. Although he has had numerous jobs, he does not appear to have been able to keep a job for any substantial period of time. He has the
support of his family, but this has not deterred him from engaging inthe activities with which he is charged. Most significantly, he has an open
Delaware capias, was on probation at the time ofthe alleged offenses, and escaped from federal custody upon arrest on the instant narcotics
offense.
the nature and seriousness of the danger to the community that would be posed by the Defcndant’s release Defendant has shown a willingness and
ability to escape and to remain at large, he has also been involved with distribution of illegal narcotics, all of which poses a danger to the
community.
Case 1 :07-cr-00126-JJF Document 13 Filed 09/ 1 7/2007 Page 2 of 2 `
% AO 472 (Rev. 12/03) Order of Detention Pending Trial
* Part IIl——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 ofthe United States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the d ndant to theqnited States marshal for the purpose of an appearance
in connection with a court proceeding.
Sl Rccj M l
Date Signature of Judge .
Lew/A P. gsazvc U. S. Mgsxoa So ate
Name and Title of Judge
*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
etseq.); or (c) Section 1 ofActot`Sept. 15, 1980 (21 U.S.C. § 955a).
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Case 1:07-cr-00126-JJF
Document 13
Filed 09/17/2007
Page 1 of 2
Case 1:07-cr-00126-JJF
Document 13
Filed 09/17/2007
Page 2 of 2
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