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

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K/96
6 IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) A
Plaintiff, g
) . . . -
v. ) Criminal Action No. 07- Q S IV7 (fw P I)
BRANDON TANN, i
Defendant. )
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 (i). 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
_ Minor victim
_X_ Possession/ use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
Q_(_ 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):
L_ Defendant’s appearance as required
L Safety of any other person and the community

iijii Case 1 :07-mj-00065-I\/I PT Document 3 Filed 04/12/2007 Page 2 of 3
E 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):
__ 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
the detention hearing,
__ At first appearance
L After continuance of L 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,
__ (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-00065-I\/IPT Document 3 Filed 04/12/2007 Page 3 of 3
‘ 6. Other Matters.
DATED this 12th day of April, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
’L%&J‘ S J?
BY: Al! o
Robert J. Pret an /
Assistant United States Attorney