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

Case 1 :07-mj—OO256—UNA Document 4 Filed 12/28/2007 Page 1 of 3
Q " J
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA )
Plaintiff g
v. ) [N.D.W.V. Case No. 07-94-UNA]
rnoivnris crimcv, g (X5 0 6 of 05 M- 0 7-:2sc - M
Defendant. g
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention ofthe defendant,
pursuant to 18 U.S.C. § 3l42(e) and (f). In support of the motion, the United States alleges the
following:
l. 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)
l Maximum sentence life imprisomnent or death
;{_ 10+ year dwg offense
_ Felony, with two prior convictions in above categories I
_ Minor victim
T Possession! use of firearm, destructive device or other dangerous weapon
. _ Failure to register under 18 U.S.C. § 2250
L 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):
;(_ Defendants appearance as required
L Safety of any other person and the community

Case 1 :07-mj—OO256—UNA Document 4 Filed 12/28/2007 Page 2 of 3

3. Rebuttable Presumption. The United States W/VILL invoke the rebuttable _
presumption against defendant under § 3 142(e). (If yes) The presumption applies because
(check one or both):
L_ Probable cause to believe defendant connnitted 10+ year drug offense or
l 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, l
_ At first appearance
___)_g_ After continuance of __; 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 IO) 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 1:07-mj—OO256—UNA Document 4 Filed 12/28/2007 Page 3 of 3
s .
6. Other Matters.
DATED this QVW day of @%w~6&f ,200;.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney l
BY; M
Christopher J. Burke
- Assistant United States Attorney

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