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

Case 1 :08-mj-00108-UNA Document 3 Filed 06/18/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Case N0. 08-
MICHAEL SHIV ERS, 1
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. § 3l42(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):
__ 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
_ Minor victim
_X_ Possessionf use of firearm, destructive device or other dangerous weapon
__ Failure to register under 18 U.S.C. § 2250
i Serious risk defendant will flee
_ 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):
A Defendant's appearance as required ' F I l_ E D
L Safety of any other person and the community \ l g
Q JUN l 8 ZOUB g
| uw,
l-_-__ r . 1

Case 1 :08-mj-00108-UNA Document 3 Filed 06/18/2008 Page 2 of 3
3. Rebuttable Presum ption. The United States will not invoke the rebuttable
presumption against defendant under § 3 l42(e). (If yes) The prestunption 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 ( ) 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
L After a continuance of i_ 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):
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 1:08-mj—00108-UNA Document 3 Filed 06/18/2008 Page 3 of 3
DATED this 18th day 0f June , 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attomey
BY: D /r/»-»·—-———...
Geoffreg ;%vner
Special Assistant United States Attorney

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