Free Order on Motion to Detain Pending Trial - District Court of Delaware - Delaware

Case 1 :07-cr-00136-JJF Document 10 Filed 10/16/2007 Page 1 of 2
% AO 472 (Rev. I2/03) Order of Detention Pending Trial
District of
UNITED STATES OF AMERICA 3
V. ORDER OF DETENTION PENDING TRIAL
Eric Holmes Case Number: 07-l36—UNA E
Defendant
In accordance with the Bail Reform Act, 18 U.S.C. § 3 l42(i),` a detention hearing has been held. I conclude that the following facts require the
detention ofthe defendant pending trial in this case. I
Part I—Findings of Fact
Q (I) The defendant is charged with an offense described in I8 U.S.C. ·§ 3 I42(f)(l) and has been convicted of a Q federal offense Q state i
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 of violence as defined in IS U.S.C. § 3I56(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 of ten years or more is prescribed in
r
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in IS U.S.C. (
§ 3 l42(f)(l )(A)-(C), or comparable state or local offenses. i
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 I
for the 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. I further find that the defendant has not rebutted this presumption. z
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 of ten years or more is prescribed in , I
Q under 18 U.S.C. § 924(c).
Q (2) The defendant has not rebutted the presumption established by finding l 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) \’ ` T §"'"`"',.. E-E MT I I
X (I) There is a serious risk that the defendant will not appear. iw i {-· i I
X (2) There is a serious risk that the defendant will endanger the safety of another person or the commu ity. i W h
r 3 ;i‘2E@’": .
X ‘ i
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_ U.Sl lS {Q I'
`olrii I i1L\*‘r r
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 zi prepon-
derance ofthe evidence that
The Defendant waived his right to contest pretrial detention. Based on the information before the Court, including the report of the Probation
Office, the Court finds clear and convincing evidence that no combination of conditions could reasonably assure the safety of the community
between now and the time of the Defendants trial. The Court further finds by a preponderance of evidence 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 of the offense: the Defendant is alleged to be a felon in possession of a firearm.
the weight of the evidence: is strong.
the history and characteristics ofthe Defendant: the Defendant refused to be interviewed by pretrial services, so the Court has not been provided
with information that could reasonably assure it that the Defendant should be released. The Defendant has at least four felony convictions,
including for aggravated menacing, possession of a firearm, resisting arrest, and narcotics related charges. He has several violations of probation
and/or failures to appear, was on state probation at the time of the alleged new offense, and was released from prison only this past jx,) i .
sir¤¤ iii¤ D¤f¤¤d¤¤i'S criminal his iiry
and the nature of the instant charges, the Defendant would pose a danger to the community if released.

Case 1 :07-cr-00136-JJF Document 10 Filed 10/16/2007 Page 2 of 2
% AO 472 (Rev. 12/03) Order of Detention Pending Trial
I
Part III——Directions Regarding Detention 1
The defendant is committed to the custody ofthe Attorney General or his designated representative for confinement in acorrections facility separate, d
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 of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance
in connection with a court proceeding. K) {B
5-00*7 ·
Date Signature ofJuc£ge
Leonard P. Stark U.S. Magistrate Q
. I Name and Title 0fJudge
*1nsert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 ct seq.); (11) Controlled Substances Import and Export Act (21 U.S.C. § 951
erseq.); or (c) Section 1 of Act of Sept. 15, 1980 (21 U.S.C. § 955a).
l

Case 1:07-cr-00136-JJF

Document 10

Filed 10/16/2007

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Case 1:07-cr-00136-JJF

Document 10

Filed 10/16/2007

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