Free Motion for Pretrial Detention - District Court of Connecticut - Connecticut

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_ Case 3:00-cr-00055-SRU Document 44 Filed 11/O9/2004 Page 1 of 3
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UNITED STATES DISTRICT COURT _ I _ t.;Â¥
DISTRICT OF CONNECTICUT . p
UNITED STATES OF AMERICA : I
Sq FSRV) .
v. : Docket No.: 3:00MGl-8(SRU) `
DEL PETTWAY : November 9, 2004 · U i
2 GOVERNMENTS MOTION FOR PRETRIAL DETENTION
Pursuant to Title 18, United States Code, Sections 3 l42(e) and (f), and Rule 32.1 of the
Federal Rules of Criminal Procedure, the Government hereby requests that the defendant be ‘ R
ordered detained pending a hearing on a petition to revoke supervised release. l
_ I. Eligibility of Case I
l This case is eligible for pretrial detention because it involves:
- __ a crime of violence as defined in Title 18, United States Code, Section 3156;
I __ an offense for which the maximum sentence is life imprisonment or death; E I
___ an offense for which a maximum term of imprisonment of ten years or more is
prescribed in the Controlled Substances Act (21 U.S.C. §801 et seq.), the .
Controlled Substances Import and Export Act (2lU.S.C. 951 et seq.), or section l l
ofthe Act of September 15, 1980 (21 U.S.C. §955a);
_ any felony committed after the defendant has been convicted of two or more of l
the prior two offenses or two or more State or local offenses that would have been _ (
one of the prior two offenses if a circumstance giving rise to Federal jurisdiction V
had existed; l
A a serious risk that the defendant will flee; and/or
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· · Case 3:00-cr-00055-SRU Document 44 Filed 11/O9/2004 Page 2 of 3 E
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__X_ a serious risk that the defendant will obstruct or attempt to obstruct justice, or
threaten injure, or intimidate, or attempt to threaten, injure, or intimidate, a
prospective witness or juror. ` S I
II. Reason for Detention I
The court should detain defendant because there are no conditions of release which will I
reasonably assure: i, I
· A the defenda;nt's appearance as required; and/or _ i =
I __}_Q__ the safety of any other person and the community.
III. Rebuttable Presumption
The Government will invoke the rebuttable presumption against the defendant under Title
18, United States Code, Section 3 l42(e). The presumption applies because: Z
____ the defendant has been convicted of a Federal offense described in Title 18, ii
United States Code, Section 3l42(t)(l) or of a State or local offense that wvould i
have been an offense described in Section 3l42(f)(l) if a circumstance giving rise l
to Federal jurisdiction had existed; U ?
__ an offense described in Title 18, United States Code, Section 3 l42(e)(l) was
committed while the defendant was on release pending trial for a Federal, State, or i ·
local offense; and
__Hm_ a period of not more than tive years has elapsed since the date of conviction, or
the release ofthe defendant from imprisonment, for an offense described in Title
18, United States Code, Section 3 142(e)(l), whichever is later; or I
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_,___ ,____ _____ __ ______________________,y ‘ la

· · * Case 3:00-cr-00055-SRU Document 44 Filed 11/O9/2004 Page 3 of 3 .
_ there is probable cause to believe that the defendant committed an offense for I
which a maximum term of imprisonment of ten years or more is prescribied in the I
Controlled Substances Act (21, U.S.C. §801 et seg.), the Controlled Substances
_ I
Import and Export Act (21 U.S.C. §95l et seq.),section 1 of the Act of September
15, 1980 (21 U.S.C. 955a), or an offense under section 924(c) of Title-18 of the i _
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United States Code. _ I
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IV. Time for Detention Hearing _
The Government requests that the court conduct the detention hearing: I
_ at the defendants iirst appearance; Z i
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j__(_ after a continuance of three days. I
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Respectfully submitted, E I
__ KEVIN I . O’CONNOR _ I
TED STATES ATTO NEY ‘ ,
ASSISTANT UNITED STATES A RNEY I
915 Lafayette Blvd. Q ·
Bridgeport, CT 06604 ; ‘
(203) 696-3000 I
Federal Bar Number: CT08345
CERTIFICATION
This is to certify that on November 9, 2004, a copy of the within a c foregoing was
served on Attorney Paul Thomas, the defendant’ attorne o ecord. 4 . I ’
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