Free Order of Detention - District Court of Delaware - Delaware

Case 1 :O6—cr—OOOO8-SLR Document 1 1 Filed O3/20/2006 Page 1 of 2
% AO 472 (Rev. 3/86) Order ofDetention Pending Trial
UNITED STATES DISTRICT COURT .
District of Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Richard Reid Case . g _, U M
Defendant C O
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 ofthe 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)(l) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa 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 ofimprisonment often 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 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. 1 further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (1) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term ofimprisonment often 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 l that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community. _ _ _ _M_ _
Alternative Findings (B) I E {V I i ~
(1) There is a serious risk that the defendant will not appear. |-—.-- .— I if--».-._
(2) There is a serious risk that the defendant will endanger the safety of another person or the community. l
’ H = " - . ‘
Part II—Written Statement of Reasons for Detention
1 rind that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance ofthe evidence . The present charges under 21 USC Sect. 841 (a) & 18 USC Sec. 924(c) (possession with intent to distribute, possession
ofa firearm in furtherance of drug trafficking) carry the rebuttable presumption. Defendant is also charged with possession ofa controlled
substance and possession ofa firearm. The charge under 924(c) is considered to be a crime of violence. Defendant has been known via various
alliases. Although defendant claimed that he was living with his sister on Lancaster Avene, he was arrested at another location (residence)
which clearly indicated that he was living there. The charges are serious and involve both drugs and weapons. At the time ofhis arrest, crack was
found on his person. At his residence, 100 gr. of crack was found and firearms. Defendant admitted that the firearms were his. The penalties for
thee offenses carry a minimum prison term of 20 years up to life, sufficient reason to flee. Defendant has been unemployed for 5 months. He had
multiple forms ofIDs in his possession. The court does not find defendant’s arguments regarding his different names persuasive (his mother’s re-
marraige, his use of his step-father’s name and then because of its Arab sound, returning to his given name) since it does not explain why after
9/11/01 he obtained a DE driver’s license in both names. These various Ids enable defendant to avoid detection. Defendant’s past criminal history
is as follows: 1997 convicted in i\'Y on possession of narcotic with intent to sell (2 charges) and in 1999, possession ofa non-narcotic schedule 1
controlled substance. For the reasons noted herein, defendant is both a risk of flight and danger to the community.

Case 1:O6—cr—OOOO8-SLR Document 11 Filed O3/20/2006 Page 2 of 2
<® AO 472 (Rev. 3/86) Order of Detention Pending Trial
Part III—Directi0ns 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 ofa court ofthe United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall de ` r the de V to the United States marshal for the purpose of an appearance
in connection with a court proceeding. at _,V
March 20, 2006 ‘- 2 ‘———-JJ -- .-
Date Signature:]. zz cialOj'Zcer
"· ~*` Mary Pat Thytige, Magistrate Judge
Name and Title 0fJudicial Ojjicer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ez 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).