Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00137-JJ F Document 1 1 Filed 1 1/20/2007 Page 1 of 2
& AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES Disrnicr Counr
District of Delaware g
UNITED STATES OF AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Jeffrey Gray Case C} l _, , I
Defendant i
In accordance with the Bail Reform Act, 18 U.S.C. § 3142(f), a detention hearing has been held. 1 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 chmged with an offense described in 18 U.S.C. § 3142(f)(1) and has been convicted of a Q federal offense Q state
or local offense that would have been a federal offense if a circumstance giving rise to federal jurisdiction had existed that is
Q a crime ofviolence as defined in 18 U.S.C. § 3156(a)(4).
Q an offense for which the maximum sentence is life imprisonment or death. Q
Q an offense for which a maximum term of imprisonment of ten years or more is prescribed in
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Q a felony that was conunitted after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3142(f)(l)(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 of the 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)
X (1) 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 21 USC § 841 .
X under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by finding 1 that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community.
Alternative Findings (B) I
(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 clear and convincing evidence a prepon-
derance of the evidence: Defendant did not opposed the government’s motion to detain, but reserved the right to do so in the future which was
granted. ln addition, defendant was previously convicted of possession with intent to deliver, possession of a deadly weapon during the commission
of a felony a9reduced from possession of a firearm) and at the time of these offenses was on state probation. Although defendant has stable
employment he maintains two addresses, one in VA and the other in DE. He admittedly used marijuana regularly until recently and now
voluntarily attends AA and NA meetings.l
NOV 2 O -
U S. D|SI iCI COURT
DISTRICT OF DELAWA_EEM_m_____

Case 1:07-cr—00137-JJF Document 11 Filed 11/20/2007 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial
I
Part III——Directions Regarding Detention l
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 the defe • - · ¤ the United States marshal for the purpose of an appearance in
connection with a court proceeding. - '
November 10. 2007 t
Date ' Signature of i cer l
‘ Mary Pat Thynge, Magistrate Judge '
Name and Title offudfcial Ojicer
*lnsert 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 er i
seq.); or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a). ·
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Case 1:07-cr-00137-JJF

Document 11

Filed 11/20/2007

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Case 1:07-cr-00137-JJF

Document 11

Filed 11/20/2007

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