Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00127-SLR Document 10 Filed 10/09/2007 Page 1 of 2
%i AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
° V. ORDER OF DETENTION PENDING TRIAL
Shawn Cuff Case 0* I , _,
Defendant _ . ,
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 if a 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 of imprisonment often years or more is prescribed in
>i<
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 (1) 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 ofconviction 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 ofconditions 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) ‘
(1) There is probable cause to believe that the defendant has committed an offense
xX for which a maximum term ofirnprisonrnent often years or more is prescribed in 21 USC 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 ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe 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
I ind that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant did not opposed detention at this time but reserved his right to do so in the future which was granted. In addition
defendant was on federal supervised release for a weapons offense, has a significant history with drugs both as a user and distributor as evidenced
from his past criminal history per his present report of April 1999. As a result ofthe present offenses, he has also been charged with violations of
his supervised release.
I OCT *3 EQU? '
U.5.1J1SIli1ETC0L1RI
ni$TR=CY fl" Ur‘__:.·.·.·‘-tlti J

Case 1:07—cr—00127-SLR Document 10 Filed 10/09/2007 Page 2 of 2
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey 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 def at ` ci States marshal for the purpose of an appearance in
connection with a court proceeding. /
October 5, 2007 · ‘ ` . ·
Date ure 0f.]udicia f r
Mary Pat Th 1 e, Mavi trate Judge
Name and Title of./udiclczl Oyfcer
*1nsert 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 et
seq.), or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00127-SLR

Document 10

Filed 10/09/2007

Page 1 of 2

Case 1:07-cr-00127-SLR

Document 10

Filed 10/09/2007

Page 2 of 2