Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-creOOO64—SLFl Document 13 Filed O4/27/2007 Page 1 of 2
ter AO 472 (Rev. 3/86) Order of Detention Pending Trial

UNITED STATES DISTRICT Corner
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Richard Lawrence Case Q B, LH M _ M {V1"
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. I 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 described in 18 U.S.C. § 3 142(t)( 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 18 U.S.C. § 3156(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
=l¢
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.
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)
(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 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 clear and convincing evidence a prepon-
derance of the evidence: Defendant did not contest the government’s motion for detention on the charge of bank fraud in violation of 18 USC § 1344
ln addition, defendant is presently serving an 18 month to 15 year sentence in Michigan as a 4“‘ degree habitual offender (conviction in January
Defendant’s past criminal history includes a violation of federal probation in 2002, possession on contraband in prison in 1995, bank robbery (2
counts) in 1992, and common law robbery 6 counts in 1992. Defendant is an admitted crack addict despite participating in substance abuse
programs. Essentially, defendant has spent most of his life in jail since 1992.
V a l I r tr {
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= APR 27 2007;
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Case 1 :07-cr-00064-SLR Document 13 Filed O4/27/2007 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part HI-—Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, irom 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 United States marshal for the purpose of an appearance in
connection with a court proceeding.
April 27, 2007
Date Signature afJudici ji
Mary Pat Thynge, Magistrate Judge
Name and Htle of Judicial Ojficer
*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 et
seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).