Free Order of Detention - District Court of Delaware - Delaware

Case 1:07—cr—00080-SLR Document 12 Filed 06/14/2007 Page 1 of 2
~~;». AO 472 (Rev. 3/86) Order ofDetention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
William Hackett case QQ O1- -20 -—
Defendant
In accordance with the Bail Reform Act, I8 U.S.C. § 3I42(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 (I) The defendant is charged with an offense described in IS U.S.C. § 3I42(f)(I) 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 ofviolence as defined in I8 U.S.C. § 3I56(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
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in I8 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 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. (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) There is probable cause to believe that the defendant has committed an offense
X for which a maximum term ofimprisonment often years or more is prescribed in .
Q under I8 U.S.C. § 924(c).
[I (2) The defendant has not rebutted the presumption established by Ending I thatno condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
r Alternative Findings (B) °
X (I) 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 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 ofthe evidence: Defendant did not oppose detention at this time but reserved the right to a detention hearing in the future which was granted.
In addition, defendant has a substantial criminal history, including numerous VOPS, escape after conviction and possession with intent to deliver a.
narcotic schedule I or ll controlled substance, for which after serving a length prison term, he was found VOP. Defendant, despite being instnicted
to do so with a number ofcontacts with law enforcement, allegedly failed to register. Further after being sentenced on the sex offense charge, he
failed to report to probation in MD.
t l L E D
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Case 1:07—cr—00080-SLR Document 12 Filed 06/14/2007 Page 2 of 2
Part III—Directi0ns 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 of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the U ` t marshal for the purpose of an appearance in
connection with a court proceeding.
June 14, 2007 T ‘ . _
Date Si mrurc 0j`Jud/c1`aZOjff’er
Mar Pat Thynge, Magisth i. udge
Ninie and Title 0fJudiciaZ Qrjicer
insert as appiicaoic. ra) coiiiioiicu OL1U¤LLil1CC5.'\LIl tm L.».D.k/. g 001 Utsuq.),t0)k,0ii`u`01leLl DUDSIHUCCS import and bxport ACI (ll U,S.C, 951 el
seq.); or (c) Section l of Act ofSept. 15, 1980 (2l USC. § 955a).