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

Case 1 :07-cr-00174-GIVIS Document 5 Filed O1/O2/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
v. )
)
GARY EARL, ) Criminal Action No. 07-174
Defendant, 3
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 ofthe motion, the United States alleges the
following;
1. Eligibility of Case. This case is eligible for a detention order because case involves
(check all that apply):
; Crime of violence (18 U.S.C. § 3156)
; Maximum sentence life imprisonment or death
__L_ 10+ year drug offense
__ Felony, with two prior convictions in above categories
; Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250 A
_P; Serious risk defendant will flee
_,\L 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): _ U
;_ Defendant's appearance as required , __ ‘ ___ U 2
` I l

Case 1:07-cr-00174-GIVIS Document 5 Filed O1/O2/2008 Page 2 of 3
Safety of any other person and the community
3. Rebuttable Presumption. The presumption applies because (check one or both):
L_ Probable cause to believe defendant committed 10+ year dwg offense or
fireanns offense, 18 U.S.C. § 924(c)
Â¥ 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. Temporarv Detention. The United States request the temporary detention of the
defendant for a penod 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.

Case 1:07-cr-OO174—G|\/IS Document 5 Filed O1/O2/2008 Page 3 0f 3
DATED this 2nd day 0f Januagy , 2008.
Respectfully submitted,
COLM F. CONNOLLY
F• States Attom
°I
BY: • Let V, _ , .
V 9 F. ·!t V
Assistant Unted States Attcmey

Case 1:07-cr-00174-GMS

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Case 1:07-cr-00174-GMS

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Case 1:07-cr-00174-GMS

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