Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00056—Gl\/IS Document 8 Filed 04/27/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial ‘
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL l
Omar Brown Case Q , 5 - Af
Defendant C ‘ L O Nl l
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. § 3l42(f)(l) and has been convicted of a Q federal offense Q state 1
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is l
Q a crime of violence as defined in 18 U.S.C. § 3 l56(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death. 1
Q an offense for which a maximum term of imprisonment of ten years or more is prescribed in
. *
Q a felony that was committed alter the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3l42(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 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. 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).
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 H——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 felon in possession of a weapon in
violation of 18 USC §§ 922 & 924. Defendant admittedly is a regular user of MJ, primarily on Thursday to Sat smoking one joint a day. His
criminal convictions include crminal sale of a controlled substance (NY) at age 17 in 2003 (the process of which involved 3 bench warrants being
issued), larceny (another three bench warrants) in 2005, , possession with intent to deliver and found in VOP 3 times, the last occurring in August
2006. At the time of this arrest, 2 drug charges were pending in state court, one occuiring in January 2007 and the other arrest occurring inFebruary
2007, so defendant was on pretrial release for two separate serious drug charges at the time of this offense. Defendant has 12 FTA in state court.
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Case 1 :07-cr-00056—Gl\/IS Document 8 Filed 04/27/2007 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 Attorney General or his designated representative for confinement in a corrections facility separate,
to the extent practicable, &om 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 of the corrections facility shall deliver the defendant t - ; _ - ‘ ed States marshal for the purpose of an appearance in
connection with a court proceeding. , ,4
April 27; 2007 A _ .5;;/421.-
Date W Signature 0fJud rc
Mary Pat ThYY|g€» S1 ¤r$¤ds¢
Name and Title 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 ofSept. 15, 1980 (21 U.S.C. § 955a). (
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