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

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IN THE UNITED STATES DISTRICT COURT 0
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) _ _
Plaintiff, 3
v. g Case No. 07- VI? M
Araiaivono Lorsz-Lopez, aka 3 F Q L @ (
JOSE LOPEZ—1\/Iayalla ) t
Defendant. g OCT t 7 mm
MOTION FOR DETENTION HEARING Dt§sR%sEr¤%l%Lt:;pVs[§gE
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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: E
1. Eligibilig of Case. This case is eligible for a detention order because case
involves (check all that apply): I
_ ____ 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
__ Possession! use of firearm, destructive device or other dangerous weapon
___ Failure to register under 18 U.S.C. § 2250
_j_(__ 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):
_j(__ Defendants appearance as required - _

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__ Safety of any other person and the community
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3142(e). (If yes) The presumption applies
because (check one or both): V I
___ 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 p i
the detention hearing, _
___ At first appearance
_i(_ 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 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; i
__ (b) on release pending imposition or execution of sentence, appeal n
of sentence or conviction, or completion of sentence for an offense; i
___ (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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Case 1:07-mj—OO197—UNA Document 3 Filed 10/17/2007 Page 3 of 3
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6. Other Matters.
_ DATED this @ day of October, 2007. n
Respectfully subnutted,
COLM F. CONNOLLY
United States Attorney
. —. g. I A \ '
BY {gsi A4., AHB; . in *1 `
. onT- · son y
* 1sta11t United States Attorney

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