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

.__—wMT. Case 3:03-cr-00274-CFD Document 8 Filed O1/07/2005 Page 1 of 4
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UNITED STATES DISTRICT COURT g g m
DISTRICT OF CONNECTICUT I
ZHU5 JAN-`I FD 2= 3L:
UNITED STATES or AMERICA ; ._ {QJ ISIN! CT COURT I
t;A£*§’"l l·"OFll}.. CT
v. : DOCKET NO.3:O3CR274(CFD)
ANDUZE ALEXANDER 1 JANUARY}?{2005
GOVERNMENTS MOTION FOR PRETRIAL DETENTION I
Pursuant to Title 18, United States Code, Sections 3142(e) and (f), the Govermnent I
hereby requests that the defendant be ordered detained prior to trial.
I. Eligibility of Case _ I
This case is eligible for pretrial detention because it involves:
_ a crime of violence as defined in Title 18, United States Code, Section 3156;
____ an offense for which the maximum sentence is life imprisonment or death; 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. §80l et seq.), the
Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or section I
ofthe Act of September 15, 1980 (21 U.S.C. §955a); I
____ any felony committed after the defendant has been convicted of two or more of I
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
had existed;
L a serious risk that the defendant will flee; and/or
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_ 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. I
II. Reason for Detention
The court should detain defendant because there are no conditions of release which will i
reasonably assure:
___)g the defendant’s appearance as required; and/or
__ the safety of any other person and the community.
Ill. Rebuttable Presumption i
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The Govemment will not invoke the rebuttable presumption against the defendant under
Title 18, United States Code, Section 3142(e). The presumption applies because:
_m_ the defendant has been convicted of a Federal offense described in Title 18, i
United States Code, Section 3l42(i)(l) or of a State or local offense that would
have been an offense described in Section 3 l42(f)(1) if a circumstance giving rise
to Federal jurisdiction had existed;
_ an offense described in Title 18, United States Code, Section 3142(e)(1) was
committed while the defendant was on release pending trial for a Federal, State, or
local offense; and
_ a period of not more than five years has elapsed since the date of conviction, or
the release of the defendant from imprisonment, for an offense described in Title y
18, United States Code, Section 3142(e)(1), whichever is later; or
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_ " Case 3:O‘3-cr-00274-CFD Document 8 Filed O1/07/2005 Page 3 of 4 {

___ there is probable cause to believe that the defendant committed an offense for
which a maximum term of imprisonment of ten years or more is prescribed in the 1
Controlled Substances Act (21 U.S.C. §801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. §951 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
United States Code.
IV. Time for Detention Hearing
The Govemment requests that the court conduct the detention hearing: 1
_ at the defendant’s first appearance;
_X_ after a continuance of L_ days.
Respectfully submitted,
KEVIN J. O’CONNOR ‘ p
UNITED STATE T EY I
r ,
DAVID A. RING
ASSISTANT UNITED STATES ATTORN
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CERTIFICATION
This is to certify that a copy of the within and forgoiug "Govcmmcnt’s Motion for
Prctrial Dctention" was hand-delivered ___day of J anuary, 2005.
cj _ ( -.». I. ...ct
DAVID A. R G
ASSISTANT U.S. ATTORNEY ,/
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