Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00115-SLR Document 15 Filed 10/09/2007 Page 1 of 2
Q AO 472 (Rev. 3/86) Order of Detention Pending Trial
UNITED STATES DISTRICT COURT
District of Delaware
UNITED STATES OE AMERICA
V. ORDER OF DETENTION PENDING TRIAL
Charles Webster Case I _
Defendant ·
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 charged with an offense described in 18 U.S.C. § 3142(f)(1) 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 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 an offense for which a maximum term of imprisonment often years or more is prescribed in
>l<
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.
§ 3142(f)(1)(A)-(C), or comparable state or local offenses.
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 ofconviction Q release ofthe defendant from imprisonment
for the offense described in Ending (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. 1 further find that the defendant has not rebutted this presumption, A
Alternative Findings (A)
(1.) There is probable cause to believe that the defendant has committed an offense
for which a maximum term ofimprisonment often years or more is prescribed in .
Q under 18 U.S.C. § 924(c).
lj (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)
(I) 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
1 find that the credible testimony and information submitted at the hearing establishes by clear and convincing evidence a prepon-
derance ofthe evidence: Defendant did not oppose detention at this time but reserved his right to do so in the future which was granted. Defendant
is charged with felon possession ofa firearm in violation of 18 USC § 922(g) a serious offense. His criminal history began at age 10-12 and has
continued on a regular basis since that time (defendant is presently 33 years old). He is unemployed and has had no stablejob history. He was
found guilty of possession with intent to deliver cocaine in 1990, guilty of attempted inurden in 1991, guilty of escape after conviction in 1992,
guilty of possession ofa firearm during the commission ofa felony, assault 1“ and reckless endangering 1" in 1998 for which he was sentenced to
10 years in jail. He was on probation at the time ofthe present offense and now has a pending state VOP. He has numerous previous VOPs.
Per his state probation ofncer, defendant has a history of noncompliance to release conditions.
1 OCT ;> Bw {
IIS. DISTRICT COURT
D|SIRICTClTCFL.1*h‘ARE

Case 1 :07-cr-00115-SLR Document 15 Filed 10/09/2007 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 ofa court of the United States or on request of an attorney for the
Government, the person in charge ofthe corrections facility shall deliver the defendant to the ` tes marshal for the purpose of an appearance in
connection with a court proceeding. ,»· ‘ J
October 5, 2007 - i 4/*
Date Sigimmre ofjudicial Of
ary Pat Thynge, Magistrate Judge
Name and Title 0fJudiciaZ Ojficer
*Insert as applicable: (a) Controlled Substances Act (21 U.S.C. § 801 et seq.); (b) Controlled Substances Import and Export Act (21 USC. § 951 ez
seq.), or (c) Section 1 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).

Case 1:07-cr-00115-SLR

Document 15

Filed 10/09/2007

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Case 1:07-cr-00115-SLR

Document 15

Filed 10/09/2007

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