Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00050-JJ F Document 1 1 Filed O4/27/2007 Page 1 of 2
%f AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jolm Grant Case O , Q)
Defendant C £· Ti 5.
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 "
Q 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. § 3142(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).
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 infonnation submitted at the hearing establishes by clear and convincing evidence a prepon-
derance of the evidence: At present the court finds that there are no conditions or combination thereof that will reasonably assure defendant’s
appearance as required and the safety of the community for the offense of felon in possession of a weapon in violation of 18 USC §§ 922 and 924
because:
1. the evidence against defendant is strong. When stopped for a traffic violatin, defendant admitted to having the gtm. A
2. Defedant’s criminal history is primary filed with trasffick related offenses to the point that this judge would not ride in a car with him Defendant
has a criminal felony conviction for MJ (possession). the weapon that he possessed also had an obliterated serial number. At the time of the
incident, defendant was on probation, but his PO confinns that defendant does report as directed. Despite this, defendant has 12 FTAs. There is
serious concem that defendant is a substantial risk of failure to appear.
3. Defendant was laid off from work in November 2006 — there is no evidence that defendant has made any effort to find other employment. n
J APR 27 2007 I
wiiyiiiiéiszct churn
L__¤m__¤__” DISTRICEZLIJELAWARE

Case 1 :07-cr-00050-JJF Document 1 1 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 Attorney General or his designated representative 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 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 to the United States marshal for the purpose of an appearance in
connection with a court proceeding. .
April 27, 2007 "
Date Signature of J c1' Ojficer
Mary Pat Thyn , Magistrate Judge
Name and Title of Judicial Ojjficer
*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. § 95l et
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (2l U.S.C. § 955a).