Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00057-GIVIS Document 8 Filed 05/16/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial __
District of _ Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
%' ' Case
Defendant
In accordance with the Bail Refomi Act, I8 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 (I) The defendant is charged with an offense described in I8 U.S.C. § 3I42(t)(l) and has been convicted of a 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 l8 U.S.C. § 3I56(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
>l¤
Q Eelony that was committed after the defendant had been convicted of two or more prior federal offenses described in I8 U.S.C.
§ 3 l42(f)(I)(A)-(C), or comparable state or local offenses.
Q (2) The offense described in finding (I) 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 ofthe defendant from imprisonment
for the offense described in finding (I).
Q (4) Findings Nos. (I), (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)
(I) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment of ten 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 I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
(I) 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 ind 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-00057-GIVIS Document 8 Filed 05/16/2007 Page 2 of 2
Part III-Directions Regarding Detention
The defendant is committed to the custody ofthe Attomey General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, from persons awaiting or sewing sentences or being held in custody pending appeal. The defendant shall be afforded a
reasonable opportunity for private consultation with defense counsel. On order ofa court ofthe United States or on request of an attomey 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. ·"
*52/{Q [1; M
Date Signature cir: jicer
Mary Pat Thynge, Magistrate 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 et
seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).