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

Case 1 :08-mj-00018-UNA Document 3 Filed O2/O1/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNTTED STATES OF AMERICA, )
Plaintiff g -
v. ) Criminal Action N0. 08-
MARCUS DRYDEN, ` g M
Defendant. i
MOTION FOR DETEN T ION 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): _
A ___ Crime ofviolence (18 U.S.C. § 3156)
___ Maximum sentence life imprisonment or death
_ __ 10+ year drug offense
i' i __ Felony, with two prior convictions in above categories `
__ Minor victim
_X_ Possession! use of firearm, destructive device or other dangerous weapon
___ Failure to register under 18 U.S.C. § 2250
_; Serious risk defendant will flee
____ Serious risk obstruction of justice
A 2. Reason For Detention. The court should detain defendant because there are
_ no conditions of release which will reasonably assure (check one or both):
__)g_ Defendants appearance as required
__L 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 § 3l42(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 ( ) with minor victim
__ Previous conviction for "eligible" offense committed while on pretrial bond
I 4. Time For Detention Hearing. The United States requests the court conduct
the detention hearing,
__ At first appearance
_; 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; .
__ (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.

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6. Other Matters.
- DATED this lst day cf Febnizgy, 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
—.. I ’ /'-M ;_. -M--—-_-_`_"~`x
BY: p - . 4 4% C \
Martin Meltzer E J
Special Assistant United States Attn ey

Case 1:08-mj-00018-UNA

Document 3

Filed 02/01/2008

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Case 1:08-mj-00018-UNA

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Case 1:08-mj-00018-UNA

Document 3

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