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

A Case 1 :05-cr-00081-KAJ Document 4 Filed O9/O2/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, Z
v. Crim. Act. No. 05-1l3M
LEWIS THURSTON
aka Louis Dyson :
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. Eligibilig of Case. This case is eligible for a detention order because case
involves (check all that apply): U
_ Crime ofviolence (18 U.S.C. § 3156)
__ Maximum sentence life imprisonment or death
_ 10+ year drug offense
__ Felony, with two prior convictions in above categories
;(_ Serious risk defendant will flee
__ Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant because t.here are
no conditions of release which will reasonably assure (check one or both):
A Defendant's appearance as required
_ Safety of any other person and the community

, Case 1:05-cr-00081-KAJ Document 4 Filed O9/O2/2005 Page 2 of 3
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3 l42(e). (If yes) The presumption applies
because (check one or both):
__ Probable cause to believe defendant committed l0+ year drug offense or
firearms offense, 18 U.S.C. § 924(c)
_ Previous conviction for "eIigible" offense committed while on pretrial bond
4. Time For Detention Hearing. The United States requests the court conduct
the detention hearing,
__ At first appearance
_)_(__ After continuance of _3___ 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 1:05-cr-00081-KAJ Document 4 Filed O9/O2/2005 Page 3 of 3
6. Other Matters.
DATED this 2nd day of September , 2005.
COLM F. CONNOLLY
United States Attorney
F il fp; W V
. i».t. =
BY: , _ i ` O
Leonard P. Stark
Assistant United States Attorney