Free Order of Detention - District Court of Delaware - Delaware

Case 1:05-mj-00142-MPT
96 A 0 472 (Rev. 3/86) Order of Detention Pending Trial

Document 10

Filed 01/19/2006

Page 1 of 2

1
District of

Delaware

UNITED STATES OF AMERICA V.

ORDER OF DFTENTION PENDING TRIAL

Demetrius Brown
Defendant

detention of the defendant pending trial in this case.

Part I-Findings

of Fact
nvicted of a federal offense state

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(1) The defendant is charged with an offense described in 18 U.S.C. $ 3 142(f)(1) and has a crime of violence as defined in 18 U.S.C. $ 3 156(a)(4). an offense for which the maximum sentence is life imprisonment or death.
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*

C] (2)

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X X

(3) (4)

(1) (2)

(1) (2)

a felony that was committed after the defendant had been convicted of two or more pried federal offenses described in 18 U.S.C. 8 3 142(fXl)(A)-(C), or comparable state or local offenses. The offense described in finding (I) was committed while the defendant was on release pending trial for a federal, state or local offense. release of the defendant from imprisonment A period of not more than five years has elapsed since the [7 date of conviction for the offense described in finding (1). Findings Nos. (I), (2) and (3) establish a rebuttable presumption that no condition or combi of conditions will reasonably assure the safety of (an) other person(s) and the community. I hrther find that the defendant has not Alternative Findings (A) There is probable cause to believe that the defendant has committed an offense X for which a maximum term of imprisonment of ten years or more is prescribed in n under 18 U.S.C. 1924(c). 6 e defendant has noirebutted the presumption established by finding 1 that no condition or cbmbination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community. Alternative Findings (B) There is a serious risk that the defendant will not appear. There is a serious risk that the defendant will endanger the safety of another person or the co

Part II-Written

Statement of Reasons for ~ e t e n d o n

I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X apreponderance of the evidence: Probable cause was found to support the criminal complaint. The charge aga nst defendant is a drug offenses under 21 USC 6841(aY1). vossession with intent to distribute cocaine (crack). This is a rebuttable vresum~tion case. Detention was found on the following bases: 1. Two prior drug offense convictions as an adult, including trafficking in cocaine. Defendant is 24 years old. 2. Over 10 juvenile offense conviction, 12 of which would constitute as felonies. 3. No stable work history. 4. Numerous VOPs since his conviction in 2002 for maintaining a dwelling for keeping a controlled sibstance. 5. Presently 7 outstanding arrests for which defendant is awaiting trial, all of which occurred in 2005 2nd include drug related offenses. 6. Outstanding warrant by WPD for terroristic threatening and harassment. 7. At the time of the federal offense, defendant was on state release for the offenses noted in paragrap 5.

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1

F I L E D
JAN 1 9 2006
IIP

nlPTr)lrTT

n l S T W flF DFWARE

Case 1:05-mj-00142-MPT
Q A 0 472

Document 10

Filed 01/19/2006

Page 2 of 2

(Rev. 3/86) Order of Detention Pending Trial

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Part llT-Directions Regarding Detention

The defendant is committed to the custody of the Attorney General or his designated representative f r confinement in a corrections facilityseparate, to the extent practicable, from persons awaiting or sewing sentences or being held in custody pend' g appeal. The defendant shall be afforded a reasonable opportunity for private consultation with defense counsel. On order of a court of the Un ted States or on request of an attorney for the Government, the person in charge of the correctio ited dates marshal for the purpose of an appearance in connection with a court proceeding.
January 19,2006 Date
Mary Pat Thyngeaagistrate Judge

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Name and Title of+dicial Oflcer *Insert as applicable: (a) Controlled Substances Act (21 U.S.C. 9 801 et seq.);(b) Controlled ~ u b s d e Import and Export Act (21 U.S.C. s et seq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. 8 955a).

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