Free Order of Detention - District Court of Delaware - Delaware

Case 1:07—cr—00077-SLR Document 16 Filed 10/15/2007 Page 1 of 2 ·
ea. AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of _ Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
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Defendant TT
ln accordance with the Bail Reform Act, 18 U.S.C. § 3l42(f), a detention hearing has been held. l 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 LJ.S.C. § 3l42(f)(l) 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 18 U.S.C. § 3l56(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
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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)(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.
Q (3) A period ofnot more than five years has elapsed since the Q date ofconviction 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. l 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 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 l that no condition or combination ofconditions will reasonably assure
the appearance ofthe 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 of Reasons for Detention
l nncl that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence: Defendant is charged with failing to register as a convicted sex offender. Although he failed to register in DE, he registered
in PA when he was living there. At the time of his arrest, he was living with his fiancee who has two children, ages 5 and 10. Defendant is 28 years
old and was convicted ofaggravated sexual assault at age 15 years against a much younger child.
1. Defendant claimed that he started working for Office Movers about 2 weeks ago, at 40 hours per week. According to his former employer, Office
Movers, defendant was employed parttime and terminated on July l, 2007, a month before his appearance in this court.
2. Defendant wasjust days away from successfully completing his probation with the state. According to his state PO, defendant has been
cooperative, but he failed to advise her that he is a convicted sex offender and to register with local authorities. As a result ofthe present offense, a
VOP was filed with a hearing scheduled. Defendant was deceptive to his state PO.
3. Between 2004-2007, defendant has had 6 FTA in state courts, all while he was on state probation. Further, he has two convictions for resisting
arrest and attempt to elude police. As indicated above, his past convictions include aggravated sexual assault, criminal sexual assault and
assault
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Case 1:07—cr—00077-SLR Document 16 Filed 10/15/2007 Page 2 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directions Regarding Detention
The defendant is committed to the custody ofthe Attorney General or his designated representative for conhnement 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 ` t to the United States marshal for the purpose ofan appearance in
connection with a court proceeding. /l/i _
October 15, 2007 T _ I
Date Sigur e l u 1 ral Ojyicer
Mary Pa Thynge, Magistrate Judge
Name and Title ofJudicia! Omcer
*lnsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 ez
seq.); or (c) Section I ofAct of Sept. l5, 1980 (2l U.S.C. § 955a).