Free Order of Detention - District Court of Delaware - Delaware

Case 1 :07-cr-00100-GMS Document 9 Filed 08/16/2007 Page 1 of 2
rss AO 472 (Rev. 3/86) Order of Detention Pending Trial I

District of Delaware
U \l [TED STATES OF AMERICA i
V. _ ORDER OF DETENTION PENDING TRIAL y
Jason Westley . __ I
Defendant O 7 G M S
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
detention of the defendant pending trial in this case.
Part I-—Findings of Fact ‘ j
Q (I) The defendant is charged with an offense described in 18 U.S.C. § 3142(f)(l) 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 of violence 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 of ten years or more is prescribed in `
t _=•=
Q __ _ Q a felony that was committed after the defendant had been convicted of two or more prior federal offenses described in 18 U.S.Q. _, _ l
§ 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 loca] 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 i
safety of (an) other person(s) and the community. I further find that the defendant has not rcbutted this presumption. _ `Q _
Alternative Findings (A) - ‘ IY i _
X (1) · There is probable cause to believe that the defendant has committed an offense _
X for which a maximum temi of imprisonment of ten years or more is prescribed in 21 USSC § 841 . r
. . X under 18 U.S.C. § 924-(c). ‘ - =
X . (2) The defendant has not rcbutted 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.
T V - Alternative Findings (B) - . .
I (1) There is a serious risk that the defendant will not appear. F
(2) There is a serious risk that the defendant will endanger the safety of another person or the commu ity. l L E D Q
(_ ‘
KQIIIEHLIIH ¤
1_ .
U.S. DISTRICT C • =
. ` ' ° | ` ELAW .
Part II—Written Statement of Reasons for Detention "‘""** ARE ‘
-· I find that the credible testimony and information submitted at the hearing establishes by X clear and convincing evidence X a prepon-
derance of the evidence: There are no conditions or combination thereof that will reasonably assure defendant’s appearance as required and the
safety ofthe community because: i
1. Although defendant has been a lifelong resident of DE, he has no stable address. Prior to hisarrest, defendant was living with friends or in
hotels. He is unemployed and has no stable employment. ·
2. Defendant was diagnosed with a bi-polar disorder and anxiety for which he had been under the care of a doctor and prescribed medications._ He
has not taken any meds since his incarceration about 3 months ago. _
3. His criminal history record begins in 1996 and is continuous up to the present. That history includes possession of a non-narcotic schedule 1 in
2000; possession of a non-narcotic schedule II controlled substance in 1998; maintaining a dwelling for keeping controlled substances in 2001,
burglary, criminal impersonation, resisting arrest, assault 3**, and several VOFS. There has not been a year since 1996 that defendant was not · -
convicted of a serious criminal offense, numerous driving violations or various misdemeanor offenses. One area that he has been stable is his i
continuous uninterrupted involvement with the criminal system for ll years. ., A %
0 fe $2 .~4..<

Case 1 :07-cr-00100-GMS Document 9 Filed 08/16/2007 Page 2 of 2
% AO 472 (Rev. 3/86) Order of Detention Pending Trial ~
l i_ Part III—Directions Regarding Detention
V 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 ,
Govemment, the person in charge of the corrections facility shall deliver the defendant to the United States marshal for the purpose of an appearance in l
connection with a court proceeding. `
August 16, 2007 °
Date Sigmntur I Ojicer - i
Mary Pat '1"hynge, Magistrate Judge
Name cmd Title of Judicial Oyjicer
*1nsert 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 ofAct ofSept. 15, 1980 (21 U.S.C. § 955a).
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