Free Order of Detention - District Court of Delaware - Delaware


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Date: June 19, 2007
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State: Delaware
Category: District Court of Delaware
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AO 472 (aev.·@ras@1c@r7ec0dB&B06r‘0=6B@TnaDocument 18 Filed 06/19/2007 Page 1 of 1
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DISTRICT OF
UNITED STATES OF AMERICA _
V. ORDER OF DETENTION PENDING S¢:Y1`IL¤l'lC.lm
-.; Case Number; Or? » QQ .- @115
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In accordance wlth the Ball Reform Act. 18 U.S.C.§3142(f). a det-entien hearing has been held. l conclude that the following facts
requlre the detention of the defendant pendlng.t.nlal ln this case.
`jbuf-GN ("Pjart I — Findings of Fact
|E/ (1) The defendant ls charged wlth an offense described ln 18 U.S.C.§3142(f) (1) and has been convicted of a (federal
offense) (state or local offense that would have been a federal offense If a circumstance glvlng rise to federailurisdlctlon had
` existed) that ls ·
W a crlme of violence as defined in 18 U.S.C.§3156(a)(4).
lj an offense for which the maximum sentence ls Ilfe lmprlsonment or. death.
EI an offense for which the maximum term of lmprlsonment of ten years or more Is prescribed lni..
*
EI a felony that was committed after the defendant had been convicted of two or more prlor federal offenses described ln 18
U.S.C.§3142(f) (1)(A)—(C). or comparable state or local offenses.
E (2) The offense described ln finding (1) was committed while the defendant was on release pending trial for a federal. state or local
offense.
lj (3) A period of not more than flve years has elapsed since the (date of convlctlon) (release of the defendant from lmprlsonment) for
the offense described ln flndlng (1).
W (4) Findings Nos. (1 ) . (2) and (3) establish a rebuttable presumption that no condition or combination of conditions wlll reasonably
assure the safety of (an)other person(s) and the community. I further flnd that the defendant has not rebutted this
presumption.
. Alternate Findings (A)
E (1) There ls probable cause to belleve that the defendant has committed an offense
lj for which a maximum term of lmprlsonment of ten years or more ls prescribed ln _ .
E] under 18 u.s.c.§s24(e). » —·
E (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions wlll
reasonably assure the appearance of the defendant as required and the safety of the community.
Alternate Findings (B)
E (1) There ls a serious rlsk that the defendant wlll not appear.
I:) (2) There ls a serious rlsk that the defendant wlll 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 convlnclng evidence)(a
preponderance of the evidence) that
Part III - Directions Regarding Detention
The defendant is committed to the custody of the Attorney General or his designated representative for confinement ln a corrections
faclllty separate. to the extent practicable. from persons awaiting or serving sentences or being held ln custody pending appeal. The
defendant shall be afforded a reasonable opportunity for private consultation wlth defense counsel. On order of a court of the Unlted States
or on request of an attorney for the Government. the person In charge of the correctlons faclllty shall dellver the defendant to the United
States marshal for the purpose of an appearance ln connection wlth a court proceeding. ____
Datedl 2.;g`I .T;°'f}-Cj]- -2.IrO t)_`Z..-___ .L__ 1
/ Iglldllll? of./udicia Officer

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'lrlsertgzvappllcablez (a) Controlled Substances Act (21 U.S.C. 5801 elseq.1; rb) Controlled Substances Import and Export Act (21 L_J.S.C.§951 el seq.): OY
(cl Sectlon1ofAc1o(Sepl. 15. 1980 (21 U.S.C.§955a).