Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00165-SLR Document 9 Filed 12/07/2007 Page 1 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
District of _ Delaware
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jermane F. Vessels Case Cflg'}. l .. U M Q
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3l42(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. § 3l42(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 denned 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
Q Elony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C._ _
§ 3 l42(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. I further find that the defendant has not rebutted this presumption.
Alternative Findings (A) V
(1) There is probable cause to believe that the defendant has committed an offense
for which a maximum term of imprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c). _ A
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.
( Alternative Findings (B) » . V . _
(1) There is a serious risk that the defendant will not appear.
(2) There is a serious risk that the defendant will 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 X clear and convincing evidence X a prepon-·
derance ofthe evidence: Defendant is charged with possession ofa firearm by a felon in violation of 18 USC § 922 & 924. Defendant did not
opposed the government’s motion for detention but reserved his right to do so in the future which was granted. In addition, the evidence shows that
defendant attempted to flee police at the time of his arrest and was admittedly in possession ofa firearm. Further, the evidence shows that defendant
made admission against interest including possibly being involved in the shooting death ofa teenage the day before his arrest on the present charge.
Defendant’s criminal history includes a trafncking in cocaine conviction in 1992 for which he was found VOP in 1996; conviction in 1990 for ‘ i
assault 2d; conviction in 2001 for maintaining a vehicle for keeping controlled substances. Although defendant has veriiable stable emplo ment and
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as history of failure to appear, his attempt to evade police by running and his past criminal history support detention.
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Case 1 :07-cr-00165-SLR Document 9 Filed 12/07/2007 Page 2 of 2
Part III-—Directions 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 ofthe United States or on request of an attomey for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in
connection with a court proceeding.
December 7, 2007
Date `/gmzzure 0 r Ja! O mer ·. ..
Mary Pat Thynge, Magistrate Judge
Name and T E/Ze of Judicial Ojfcer
*1nsert as applicable: (a) Controlled Substances Act (21 USC. § 801 et 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).

Case 1:07-cr-00165-SLR

Document 9

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Case 1:07-cr-00165-SLR

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