Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—00073-SLR Document 1 1 Filed 07/11/2007 Page 1 of 2
se AO 472 (Rev. 3/B6) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Christopher Waterman Case _ )
Defendant R
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the
detention of the defendant pending trial in this casc.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(f)(1) 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 l8 U.S.C. § 3 `l56(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
¤i=
Q a felony that was committed after the defendant had been convicted of two or more prior fcderal 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 (1) was committed while the defendant was on release pending trial for a federal, state or local offense.
I;] (3) A period of not more than five years has elapsed since the I] date of conviction I] 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. I further tind that the defendant has not rebutted this presumption.
Alternative Findings (A)
X (1) There is probable cause to believe that the defendant has committed an offense
X for which a maximum ten·n of imprisonment of ten years or more is prescribed in 21 USC § 841 .
Q under l8 U.S.C. § 924(c).
XE (2) The defendant bas 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)
(1) 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 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-
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Case 1 :07-cr—00073-SLR Document 1 1 Filed 07/11/2007 Page 2 of 2
tie AO 472 (Rev. 3/S6) Order of Detention Pending Trial
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Part III—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 of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections faeility shall deliver the · Y · to the United States marshal for thc purpose of an appearance in
connection with a court proceeding. _ Fl
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July 11, 2007 __ IK. _ ;a,.sz/2
Date Il V "` ar e 0fJudieial Ojjtfcer
1 )__.. Mary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojficer
*1nsert 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 ez
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).