Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-mj-00236-U NA Document 10 Filed 11/29/2007 Page 1 of 2
AO 472 (Rev. I2/O3) Order of Detention Pending Trial
District of
UNITED STATES OP AMERICA
V. ORDER OF DETENTION PENDING TRIAL
CHRISTOPHER EWELL, Case Number: 07-236-M
/Jejerir/air!
ln accordance with the llail Reform Act. I8 U.S.C. § 3 I42(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 (I) The defendant is charged with an offense described in I8 U.S.C. § 3 I42(t`)(l) and has been convicted ofa Q federal offense Q state
or local oI`f`ense that would have been a federal of`fensc ifa circumstance giving rise to federal jurisdictiorr had existed - that is
Q a crime of violence as defined in l8 U.S.C, § 3 l56(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 f`elony that was committed after the defendant had been convicted of two or more prior federal offenses described in I8 U.S.C.
§ 3I42(t)( I )(A)—(C). or comparable state or local of`fenses.
Q (2) The offense described in finding (I) 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
f`or thc offense described in finding (I).
Q (4) Findings Nos. (I). (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)
(I) There is probable cause to believe that the defendant has committed an offense
f`or which a maximum term of imprisonment often years or more is prescribed in .
under IB U.S.C. §924(c).
(2) The defendant has not rebutted the presumption established by finding I that no condition or combination ofconditions will reasonably assure
the appearance ofthe defendant as required and the safety ofthe community.
Alternative Findings (B) F I L E D i
Q (I) There is a scrious 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
- ~, _l'i,‘ 3 {Uh

U.S. DISTRICT COURT
1 U A | 1 I'I' `
Part Il—Written Statement of Reasons f`or Detention
I find that the credible testimony and inf`ormation submitted at the hearing establishes by X clear and convincing evidence [I a prepon-
derancc of the evidence that
Based on thc affidavit of probable cause, the report ofthe Probation Office, and other information provided to the Court at the preliminary and
detention hearings. the Court finds clear and convincing evidence that no combination of conditions could reasonably assure the safety ofthe
community between now and the time ofthe Defcndant’s trial.
I`hc Court has reached these conclusions based on the following findings and for the following reasons:
the nature and circumstances ofthe offense: the Defendant was arrested by Wilmington PD following a traffic stop. Ile was driving the vehicle.
Sometime aI`ter of`1iccrs observed the Defendant remove ajacket and place it elsewhere in the vehicle. officers found within that jacket a Raven
Arms .25 caliber pistol and four bags ofmarijuana.
the weight ofthe evidence: is strong. In addition to the officers’ observations, the Defendant made a statement to the effect that he had the firearm
for protection and for "beefing," which may have been a reference to intended violent interactions with other individuals. There does not appear
to be any dispute that Defendant has a prior f`elony conviction and that the firearm traveled in interstate commerce.
the history and characteristics ofthe Defendant: Defendant has a felony conviction for aggravated menacing, which arose from an incident in which
he was denied access to a party and consequently discharged a firearm into the air. His other offenses were handled as juvenile delinquencies.
Igntil his arrest he was living with his mother, who continues to support him and has offered to serve as a third-party custodian. Defendant
denies alcohol and drug use, had steady employment, and carried a GED and some college credit. Ile was discharged from probation early for
his aggravated menacing conviction and apparently complied fully with the terms ofhis probation.
the nature and seriousness of the danger to the community that would be posed by the Defendant’s releaseias a felon in possession, with at least one
conviction fora violent use of a firearm, and having been found in possession ofdrugs and a gun, the Defendant would pose a danger to the
community ifreleascd,

Case 1 :07-mj-00236-U NA Document 10 Filed 11/29/2007 Page 2 of 2
AO 472 (Rev. 12/03) Order ofDetention Pending Trial
Part IIl—Directions Regarding Detention
The defendant is committed tothe 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 at`t`orded 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 deliver the det`endant the United ftates rshal for the purpose o1` an appearance
in connection with a court proceeding. { ;
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Date Sigmzzrtre of Judge
Leonard P. Stark U.S. Magistrate
Name and Title 0fJuc/ge
*1nsen as applicable; (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 U.S.C. § 951
ez seq.); or (c) Section l ofAet ofScpt. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-mj-00236-UNA

Document 10

Filed 11/29/2007

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Case 1:07-mj-00236-UNA

Document 10

Filed 11/29/2007

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