Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00074-GIVIS Document 12 Filed 07/1 1/2007 Page 1 ot 2
ssa AO 472 (Rev. 3/B6) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Q/App Eg % Case C 0 __ )
Defe dm: R .1
In accordance with the Bail Refomi Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 conclude that the following facts require the
detention of the defendant pending trial in this case.
Part I—Findings of Fact
Q (1) The defendant is charged with an offense describcd in 18 U.S.C. § 3142(f)(1) and has been convicted of a Q federal offense Q state
or local offense that would have been a fcderal 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 dcath.
Q an offense for which a maximum term of imprisonment of ten 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 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.
III (3) A period of not more than five years has elapsed since the I] date of conviction [I release of the defendant from imprisonment
for the offense described in finding (1).
Q (4) Findings Nos. (1), (2) and (3) esta.b1ish 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)
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The defendant has not rebutted thc 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)
(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 II—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence /{ a prepon-
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Case 1 :07-cr-00074-GIVIS Document 12 Filed 07/1 1/2007 Page 2 of 2
% AO 472 (Rev. 3/S6) Order of Detention Pending Trial
Part III—Directio11s Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his design ated 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 • · endant t · · nr ` · = ._ tates marshal for the purpose of an appearance in
connection with a coun proceeding. _ i
f eil ir!
if · dd 4: -. ,-
Date ` zgmrmre ofJua ’l O mer
- Mary Pat Thynge, `· agistrate Judge
Name and Title of Judicial Officer
*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 ez
seq.); or (c) Section 1 of Act ofSept. 15, 1980 (21 U.S.C. § 955a).