Free Order of Detention - District Court of Delaware - Delaware

AO 472 (Rev @@ cbr0£-c1rstB€}i1{H¤81€EAA@ ·rriEDocument 30 Filed 10/23/2007 Page 1 of 1

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DISTRICT OF
UNITED STATES OF AMERICA
CELL`! ORDER OF DETENTION PENDING 'I“RI·2tI: `
ya/VY Case Number: C/[L M
Defendant
Poem
ln accordance with the Balt Reform Act. 18 U.S.C.§3142(f). a·de·ten·t•o·n»hearIn_g has been held. I conclude that the following facts
require the detention of the defendant pendingdinial in this case.
Part l — Findings of Fact
lj (1) The defendant ls charged with 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 giving rise to federal )urisdlctlon had
existed) that is
lj a crlme of violence as defined in 18 U.S.C.§3156(a) (4).
E an offense for which the maximum sentence is life imprisonment or. death.
lj an offense for which the maximum term of imprisonment of ten years or more is prescribed lnt.- D
it
Cl a felony that was committed after the defendant had beencomrgted of two or more prior federal offenses described in 18
U.S.C.§3142(f)(1)(A)—(C). or comparable state or local offenses.
El (2) The offense described in 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 five years has elapsed since the (date of conviction) (release ofthe defendant from imprisonment) for
the offense described in finding (1).
El (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.
. Alternate Findings (A)
lj (1) There is probable cause to believe that the defendant has committed an offense
I;] for which a maximum term of imprisonment of ten years or more is prescribed in ..vm.____._.[ .
lj under TB 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.
If Alternate Findin s (If) ..
(1) There is a serious risk that the defendant will not appear. ERJS {< G-F
III (2) There ls a serious risk that the defendant will endanger the safety of another person or e community. '
Part II — Written Statement of Reasons for Detention
l find that the credible testimony and information submitted at the hearing establishes by (clear and convincing evidenceila
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 in a corrections
facliity 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 ofthe United States
or on request of an attorney for the Government, the person ln charge of the corrections fa ity shall deliver the defendant t he United
States marshal for the purpose of an appearance in connection with a court proceeding.
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