Free Order of Detention - District Court of Delaware - Delaware

— Case 1 :07-cr-00095-SLR Document 15 Filed 07/17/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
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UNITED STATES DISTRICT COURT ;
District of Delaware
UNITED STATES OF AMERICA _ I i
V. ` I ORDER OF DETENTION PENDING TRIAL 1
Eric Tge Case O7- ?S;·,(_(
Defendant U .- " 2
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I concludethat the following facts require the
detention of the defendant pending trial in this case. ._r "
Part I——Findings of Fact I l
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted of a Q federal offense Q state i
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 of ten years or more is prescribed in
ek .
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.
§ 3142(f)(1)(A)-(C), or comparable state or local offenses. I
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 tive years has elapsed since the Q date of conviction Q release of the defendant from imprisonment
for the offense described in finding (l). 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. n
Alternative Findings (A)
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum tenri of imprisonment of ten years or more is prescribed in . 1
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 ofthe defendant as required and the safety of the community.
Alternative Findings (B) ` H mmm¤mmwmmmTmA§__¤mMmmm __
(1) There is a serious risk that the defendant will not appear. l l
(2) There is a serious risk that the defendant will endanger the safety of another person or the community ..
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Part H—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: Defendant was detained because there are no conditions or combination thereof that will reasonable assure his
appearance as requred and the safety of the community . Defendant is charged with child porn offense for which the rebuttable presumption applies.
Defendant has not rebutted that presumption and the evidence against defendant is substantial in support of the offense, which supports the issue
of danger to the community.
1. Defendant has a pending rape 2d degree and sex offense 2d in MD boht involving a 13 year old minor and defndant crossed state lines (victim
is from DE).
2. Was an EMT for Greenwood Fire Co and was discharged from this position.
3. At the time of the offense, he was residing with his grandmother.
4. In the chat, he claimed that he would sleep with his sister.
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Case 1 :07-cr-00095-SLR Document 15 Filed 07/17/2007 Page 2 of 2
% AO 472 (Rev. 3/S6) Order of Detention Pending Trial

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Part III—Directions Regarding Detention l
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 sewing 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 t - ` ' d States or on request of an attorney for the
Government, the person in charge of the corrections facility shall deliver the def- · · ·r‘ • · nited States _· rshal for the purpose of an appearance in
connection with a court proceeding. P 2
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July17,2007 *2 ` · _ Ag.,
Date tr igrm ure of Judicial Of {
_¢· ry Pat Thynge, Magistra · Judge ·
é ame and Title of.fudicic1l 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 et
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).
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