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

, G _ Case 1:07-cr-OO§Ei~hJ§A Rpcgrégpt Scmljuep 03gTI/gygé e 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 07- HSM
CRISTIAN OIUEJUELA, §
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. § 3142(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibilig 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
_ 10+ year drug offense
_ Felony, with two prior convictions in above categories
A Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
i 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
A Safety of any other person and the community

g I it Case 1 :07-cr-00038-JJF Document 3 Filed 03/12/2007 Page 2 of 3
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)
_ 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
_ 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 10 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.
L 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-00038-JJF Document 3 Filed 03/12/2007 Page 3 of 3
DATED this 12th day of March , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: i / s
Il a H. Eisenstein
` ssistant United States Attorney