Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr—OOO55-JJ F Document 9 Filed O4/27/2007 Page 1 of 2

UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Brandon Tann Case , 6 , O N) (3,,
Dekndant 5
In accordance with the Bail Reform Act, 18 U.S.C. § 3 1 42(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 l42(f)(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
*
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 of ten years or more is prescribed in .
. _ Q under 18 U.S.C. § 924(c). V V
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.
V 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
I find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: the court finds that there are no condtions or combination thereof to assure defendant’s appearance as required or the
safety of the community on the charge of violating 18 USC § 922 and 924 because:
1. the evidence against defendant is substantial. On the information recieved frm a CI that defendant had a firearm, when approached by WPD,
defendant ran and eventually ran into a home that was not his, into a bathroom and admitted to flushing drugs down the toilet. Defendant was
arrested exiting the bathroom. In the bathroom, a gun was found that matched the description provided by the C1 and 14 bullets were found
in defendant’s pocket that could be used in the weapon. The weapon was a loaded 9 mm. The owner/resident of the home advised that defendant
was not a guest, nor welcome (owner did not know him) and denied any ownership of the gun or bullets. After being mirandize defendant
admitted flushing MJ down the toilet and denied ownership of the gun despite having the bullets in his pocket.
2. Defendant is only 20 years old and has the follwing criminal history: escape 2d January 2007, possession of a deadly weapon (handgun) 2003
found deliquent, menanacing 2003 which eneded with 2 VOPs one within 6 months of conviction and one in 2005 which resulted in involuntary
commitment; possession of a firearm convictin in 2002; unlawful dealing with a dangerous weapon conviction in 200, burglary 2d committed when
defendant was 13 years old in 1999 and reckless buming committed when defendant was ll years old in 1997. the offense noted herein are only a ~
limited listing of his extensive criminal history. Defendant has essentially been a one—man crime spree for 10 years amassing 22 convictions since
1997 and at the time of this arrest was sewing a probationary term for escape 2d. g ` I F l L E D if >''i'i
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{ APR 2 7 2007
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T _____;___m_`__________ I
t l 0.5. DISTRICT COURT
LW i{_ W DISTRICT OF QELAWARE Q I

Case 1 :07-cr—OOO55-JJF Document 9 Filed O4/27/2007 Page 2 of 2
*§ AO 472 (Rev. 3/86) Order of Detention Pending Trial
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 of a court of the United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant t nited States marshal for the purpose of an appearance in
connection with a court proceeding.
April 27, 2007
Date Signature of Judi ’ O cer V
Mary Pat Thynge, istrate Judge
_ Name and Title 0f 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).