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

Case 1 :O7—cr—OOO59-SLR Docurhreiiliddfg Clgjazjii. of/lg D
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Piamurr, Z
v. Criminal Action No. 07-59-UNA
FRANKELY ROBLES GUZMAN,
a/k/a "Tomas Maldonado A1varado," :
a/k/a "Amilcar Almodovar Colmenero," :
a/k/a "Rafael Cruz Rivera," :
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. § 3142(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 ofviolence (18 U.S.C. § 3156)
__ Maximum sentence life imprisomnent or death
Y __ 10+ year drug offense
» S iili ___ Felony, with two prior convictions in above categories
I A A ___ Minor victim; possession or use of firearm, destructive device or other
‘ ''‘` A- _ dangerous weapon; or failure to register under 18 U.S.C. § 2250
. -~ » - , ...-. QL Serious risk defendant will flee
__ Serious risk obstruction of justice

Case 1:O7—cr—OOO59-SLR Document 11 Filed O4/26/2007 Page 2 of 3
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
_)L Defendant's appearance as required
___ Safety of any other person and the community
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3l42(e). (If yes) The presumption applies
because (check one or both);
__ Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, l8 U.S.C. § 924(c)
__ 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
i After continuance of L days (not more than 3).
5. Temporary Detention. The United States request 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):
l. 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;
___ (c) on probation or parole for an offense.
; 2, The defendant is not a citizen of the U.S. or lawfully admitted for permanent
residence.
__ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:O7—cr—OOO59-SLR Document 11 Filed O4/26/2007 Page 3 of 3
6. Other Matters.
DATED this 26th day of April _, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY;
Sophie . Bryan
Assistant United States Attorney