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

Case 1 :07-cr-00129-SLR Document 10 Filed 10/12/2007 Page 1 of 1
m AO 472 (Rev. 12/03) Order of Detention Pending Trial
District of
UNITED STATES OF ANIERICA E
V. ORDER OF DETENTION PENDING TRIAL
Michael Hen Case Number: 07-129-SLR -
Dejfendrmt _
In accordance with the Bail Reform Act, 18 U.S,C. § 3 l42(f), a detention hearing has been held. I conclude that the following facts require the 1
detention of the defendant pending trial in this case. y
Part I—Findings of Fact
Q (1) The defendant is charged with an offense described in 18 U.S.C. § 3 l42(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 3
Q a crime ofviolence as defined in 18 U.S.C. § 3l56(a)(4). C
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 ;
* Y
Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.C.
§ 3 1 42(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. I
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 g
for the offense described in finding (1). I
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. 1
Alternative Findings (A)
X (1) There is probable cause to believe that the defendant has committed an offense I
X for which a maximum term of imprisonment often years or more is prescribed in 21 USC Section 841 .
Q under 18 U.S.C. § 924(c).
X (2) The defendant has not rebutted the presumption established by finding I that no condition or combination of conditions will reasonably assure
the appearance of the defendant as required and the safety of the community. www __ __ __A_____________,,__ .... A
Alternative Findings (B) ( ij; D i
Q (1) There is a serious risk that the defendant will not appear. F,
Q (2) There is a serious risk that the defendant will endanger the safety of another person or the co muni r.
1 1 >c I ‘ i` ' r
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1 t ·
U.S. Q ’ _ * _
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Part II—Written Statement of Reasons for Detention - - g_ l I
1 find that the credible testimony and information submitted at the hearing establishes by [I clear and convincing evidence [I a prepon-
derance of the evidence that I
The Defendant waived his right to contest pretrial detention. 1 Based on the information before the Court —- including the nature and seriousness
of the criminal offenses with which the Defendant has been charged (felon in possession of a firearm and distribution and possession with intent to
distribute cocaine or cocaine base) and that these offenses ailegedly occurred while the Defendant was on supervised release in this District- the
Court finds that the defendemt has failed to rebut the statutory presumption that no combination of conditions could reasonably assure the safety of
the community between now and the time of trial and that the Defendant would appear for all Court events in this matter. .
Part III—Directior1s 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 attorney for the
Government, the person in charge of the corrections facility shall deliver th defendant to the United States marshal for the purpose of an appearance
in connection with a court proceeding.
j ) t.\·¤8Q/ l L )»°¤ 7 [><'/
Date Signature of Judge
Leonard P. Stark U.S. Magistrate
Name and Title cf.]ucz'ge
*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 seq.); or (c) Section 1 ofAct of Sept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00129-SLR

Document 10

Filed 10/12/2007

Page 1 of 1