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

Case 1 :07-cr-00051-GIVIS Document 5 Filed 06/14/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
) _»
v. ) Criminal Action N0. 07-51 (YQIIIBB
ROBERT ESCOBAR-SOLANO, g
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. § 3l42(e) and (D. In support of the 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 ofviolence (18 U.S.C. § 3156)
__ Maximum sentence life imprisonment or death
__ 10+ year drug offense
____ Felony, with two prior convictions in above categories
__X__ Serious risk defendant will flee
___ Serious risk obstruction of justice

P Case 1:07-cr-00051—GlV|S Document 5 Filed 06/14/2007 Page 2 of 3
2. Reason For Detention. The court should detain defendant because there are no
conditions of release which will reasonably assure (check one or both):
_)_§_ Defendant's appearance as required
A Safety of any other person and the community
3. Rebuttable Presumption. The United States (will / 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)
__ 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
J_(__ After continuance of _j__ days (not more than 3).
5. Temporary Detention. The United States request 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;
2

Case 1 :07-cr-00051—GlV|S Document 5 Filed 06/14/2007 Page 3 of 3
_ (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. p
3. The defendant may flee or pose a danger to any other person or the
community.
6. Other Matters.

DATED this IY ftlday of J fg ""*"’ , 2007.
COLM F. CONNOLLY
United States Attorney
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By: { ` ._ 1 ~- -—-- ···· "T"
E ond Falgo _1 ki
Assistant Unite States Attorney
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