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

,, y _ _ Case 1 :08-mj—00042—UNA Document 3 Filed 02/14/20O%`L|?§ tho/t' 60(/ILT.,
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I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ;
UNITED STATES OF AMERICA, )
Plaintiff g
) _ _ _ -
v. ) Cr1m1nalAct1on No. 08 {Y)
MICHAEL KING, i
Defendant. g
_ 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:
l 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 imprisonment or death
____ 10+ year drug offense
___ Felony, with two prior convictions in above categories l
__ Minor victim
__X_ Possession! use of firearm, destructive device or other dangerous weapon A
U l Y _r, Failure to register under 18 U.S.C. §» 2250
ii t __; seams risk derendtmi will nee
_ Serious risk obstruction of justice
- 2. Reason For Detention. The court should detain defendant because there are
in no conditions of release which will reasonably assure (check one or both);
i_(_ Defendants appearance as required
;(___ Safety of any other person and the community

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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 10+ year drug offense or
firearms offense, 18 U.S.C. § 924(c), or a federal crime of terrorism, or a specified
offense ( ’ t 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
A After continuance of L_ days (not more than 3).
5. Temporary 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):
1. At the time the offense was committed the defendant was:
_ _____ (a) on release pending trial for a felony;
T _; (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.
j_ 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.

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6. Other Matters. I
|
DATED this 14th day of Februaéry , 2008. -
Respectfully submitted,
- COLM F. CONNOLLY
United States Attorney
BY; J·K£¢Jf
Robert J. Pre an
Assistant Un d States Attorney

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