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

Case 1 :07-or-00069-GIVIS Document 10 Filed 06/28/2007 Page 1 of 3
Pl it Y) PGY), /31.301* igiii I
IN THE UNITED STATES DISTRICT COURT
: A FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Criminal Action N0. 07-69—GMS
IAMON R. SIMMONS, g
Defendant. )
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 l42(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply):
__ Crime of violence (18 U.S.C. § 3156) I
__ Maximum sentence life imprisonment or death
__ 10+ year drug offense
__ Felony, with two prior convictions in above categories
_ Minor victim
_X_ Possession! use of firearm, destructive device or other dangerous weapon
__ Failure to register under 18 U.S.C. § 2250
__}; Serious risk defendant will flee if released from all custody
___ Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
_;(_ Defendant's appearance as required
_}_Q_ Safety of any other person and the community

Case 1 :07-cr-00069-GIVIS Document 10 Filed 06/28/2007 Page 2 of 3
U 3. Rebuttable Presumption. The United States will not invoke the rebuttable
· presumption against defendant under § 3142(e). (lf yes) The presumption applies because
(check one or both):
__ Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, 18 U.S.C. § 924(c), or a federal crime of terrorism, or a specified
offense ( 1 with minor victim
_ Previous conviction for "eligible" offense committed while on pretrial bond
4. Time For Detention Hearing. The United States requests the court conduct
the detention hearing,
__ At first appearance
_2_(_ After continuance of _3_ days (not more than 3).
5. Temporag Detention. The United States requests the temporary detention of
the defendant for a period of ___days (not more than 10) so that the appropriate officials can
be notified since (check 1 or 2, and 3):
1. At the time the offense was committed the defendant was:
___ (a) on release pending trial for a felony;
__ (b) on release pending imposition or execution of sentence, appeal
of sentence or conviction, or completion of sentence for an offense; I
__ (c) on probation or parole for an offense.
___ 2. The defendant is not a citizen of the U.S. or lawfully admitted for permanent
S residence.
__ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:07-cr-00069—G|\/IS Document 10 Filed 06/28/2007 Page 3 of 3
J 6. Other Matters.
DATED this 28th day of June, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BYZ
$65//\ M Tegan sang
Speeial Assistant United States Attorney