Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00070-JJF Document 10 Filed 07/1 1/2007 Page 1 ot 2
set AO 472 (Rev. 3/B6) Order of Detention Pending Trial
UNITED S miss Disrrucr Cooar
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Daniel Johnson Case ,"}D {Y if
Defendant Z} Gi
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 ofthe defendant pending trial in this case.
Part I——Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 314-2(f)(1) and has been convieted 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 1S 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 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)(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 of not more than five years has elapsed since the Q date of conviction Q release of the 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 find 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
K for which a maximum term of imprisonment often years or more is prescribcd in 21 USC § 841 .
Q under 18 U.S.C. § 924(c).
X (2) The defendant has 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 II—Written Statement of Reasons for Detention
I find that the credible testimony and information submitted at the hearing establishes by clcar and convincing evidence a prepon-
derance of the cvidence: Defendant has been indicted on possession with intent to distribute cocaine. The evidence against defcndant is significant.
1. Defendant has been unemployed for a year and although defendant claims that he lives at one address, it has been confirmed through his
mother that defendant aetually resides with his girlfriend who also confirmed their living arrangement at a different address.
2. I-le claims to be a past user of MJ but has not useqlrqgs for the past 3 years.
3. Defendant’s criminal history began as ajuvcnilellw Jn he was convicted of assault 3“l and shoplifting in DE Family Court,. In 2002, he was
convicted of criminal trespass 1**, breach of release and in less than a year found in VOP for that charge. As an adult, he has been convicted of
reckless endangering 2“d , resisting arrest and assault, burlgary 3“l (LIO burglary 2m) criminal mischief and endangering the welfare of a child.
4. Defendant fled from law enforcement when they attempted to arrest him for the instant offense.
Defendant is a risk of non—appcarance and danger to thc community. 9; 38,*17 _ J2 AW

Case 1 :07-cr-00070-JJF Document 10 Filed 07/1 1/2007 Page 2 of 2
ts; 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 representativc 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 o .· ourt of the United States or on request of an attorney for the
Govemment, the person in charge of the corrections facility shall delivcr t - • = endant it the United States marshal for the purpose of an appearance in
COHU€ClZ1OI'1 with a court proceedii-ig_ I I
J¤lx1L2007’ - .,.¢rAi¤;19 ‘
Date _` Sign Judicm jjicer
- _ _ - i Mary Pat Thynge, Magistrate Judge
Name and Title of Judicial Ojicer
*lnsert as applieable: (a) Controllcd Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951 er
seq.); or (c) Section `1 ofAet of Sept. 15, 1980 (21 U.S.C. § 955a).