Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00152 Document 7 Filed 08/22/2007 Page 1 of 2
=·~ AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
ll \ll IED STATES OE AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Stephen Goodman Case O1}, I A/\
Defendant
In 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 (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 of not 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. 1 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
for which a maximum tenn ofimprisonment often 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 ofconditions will reasonably assure
the appearance of the defendant as required and the safety ofthe community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part II—Written Statement ofReasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: At this time, defendant did not oppose detention but reserve the right to do so at a later time which was granted. ln addition,
defendant should be detained on the bases ofthe following:
1. Although defendant has ties to the community (4 young children through two different mothers), his employment is very spotty and he is presently
unemployed.
2. He is a daily user of marijuana, alcohol and PCP. He takes percocet "as much as 1 can get." His use of MJ began at age 14 (defendant is
presently 23), alcohol at age 14 and percocet at age 18 and PCP beginning 6 months ago. His drug usage has continued despite treatment.
3. At the time ofthis incident, he was on state probation. A warrant for VOP is oustanding.
4. His crminal history began around age 10 years and includes conviction in 1997 for crminal mischief, 1999 convictions for possession ofcocaine,
possession with intent to deliver for which he violated probation in 2003. He was found in VOP on 2 other occassions for lesser offenses while
still in the Family court system. ln 2002, he was convicted of receivnig stolen property, for which he had an FTA issued and found in VOP in 2005.
In 2003. he was convicted of burglary 1"/assault 3'“ for which a FTA was issued and 2 VOPs, the last occurring in 2006. lt is for this conviction that
he has an outstanding VOP warrant Further, he has a warrant for robbery lsrt which allegedly occurred on July 2, 2007, and are not art oft
instant offense of felon in possession ofa weapon. - n ·-
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Case 1 :07-mj-00152 Document 7 Filed 08/22/2007 Page 2 of 2
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for continement 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 defend; to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. NRL
August 22, 2007 ___ _ - /I-@’
Date Signature 0fJt¢ at Jficer
Mary Pat Thynge, r agistrate Judge
Name and Title ofjudicial Ojjicer
*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 el
seq.), or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).