Free Order of Detention - District Court of Delaware - Delaware

Case 1 :08-mj-00069 Document 7 Filed O4/O3/2008 Page 1 of 2
m AO 472 (Rev. l2/03) Order of Detention Pending Trial
District of DELAWARE
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
RASHIE T. HARRIS, Case Number: 08-69-M
Defendant
In accordance with the Bail Reform Act, l8 U.S.C. § 3l42(f`), a detention hearing has been held. 1 conclude that the following facts require the
detention of`the defendant pending trial in this case.
Part l—Findings of Fact
Q (1) The def`endant is charged with an offense described in 18 U.S.C. § 3l42(t)(1) and has been convicted ofa Q federal offense Q state
or local offense that would have been a federal offense ifa circumstance giving risc to federal jurisdiction had existed - that is
Q a crime ofviolence as defined in 18 U.S.C. § 3l56(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 often years or more is prescribed in
it
Q a felony that was committed after the defendant had been convicted oftvvo or more prior federal offenses described in 18 U.S.C.
§ 3 l42(f`)(l)(A)-(C), or comparable state or local offenses,
Q (2) The offense described in finding (1) was committed while thc defendant was on release pending trial for a federal, state or local offense.
Q (3) A period of not more than tive 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. l further find that the defendant has not rebutted this presumption.
Alternative Findings (A)
Q (I) There is probable cause to believe that the defendant has committed an offense
Q for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
Q (2) The det`endant has not rebutted the presumption established by finding 1 that no condition or combination ofeonditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B)
X (1) There is a serious risk that the defendant will not appear.
X (2) There is a serious risk that the defendant will endanger the safety of another person or the community.
Part ll—Written Statement of Reasons for Detention
1 find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance of the evidence that
The Def`endant waived his right to contest pretrial detention. Based on the al`lidavit of probable cause, and the report ofthe Probation Office, the
Court finds clear and convincing evidence that no combination ofeonditions could reasonably assure the safety ofthe community between now and
the time of`the Defendant’s trial. The Court further finds that no combination of conditions could reasonably assure that the Defendant would
appear for all Court events in this matter.
The Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant is accused of being a felon in possession ofa firearm.
the weight ofthe evidence; is strong. After being seen discarding a firearm, and being apprehended in possession of ammunition, Defendant gave a
statement admitting that he had taken possession ofa firearm.
the history and characteristics ofthe Defendant: although having tics to the community, the Defendant has three prior felony convictions and
pending charges relating to failing to register as a sex offender. He has six violations ofprobation. The circumstances ofthe offense involve
allegations that Def`endant attempted to flee from law enforcement by car and on foot.
the nature and seriousness ofthe danger to the community that would be posed bv the Defendanfs release: as a felon in possession, with prior
convictions including possession of drug paraphernalia and unlawful sexual contact, Defendant would pose a danger to the community if
released.

Case 1 :08-mj-00069 Document 7 Filed 04/03/2008 Page 2 of 2
se. AO 472 (Rev. 12/03) Order of Detention Pending Trial
Part lll——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 of a court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver defendant to nite tates mars for the purpose ofan appearance
in connection with a court proceeding.
April 3"’, 2008 J
Date S rgmzrure ofJudge
Hon. Leonard P. Stark
Name and Title of Judge
’°‘lnsert as applicable: (a) Controlled Substances Act (2l U.S.C. § 801 erseq.); (b) Controlled Substances Import and Export Act (2l U.S.C. § 951
erseq.); or (c) Section l ofAct of Sept. 15, l980 (21 U.S.C. §955a).

Case 1:08-mj-00069

Document 7

Filed 04/03/2008

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Case 1:08-mj-00069

Document 7

Filed 04/03/2008

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