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

Case 1 :07-cr-OOO36—GIVIS Document 7 Filed 03/ g’pag@Adf COWYT
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff I
v. · I Criminal Action No. 07-36
ANTHONY S. RODRIGUEZ, I
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 (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 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
__ Serious risk defendant will flee
__ Serious risk obstruction of justice

Case 1:07-cr-00036-GIVIS Document 7 Filed 03/15/2007 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): t
_ Defendant's appearance as required
K Safety of any other person and the community
3. Rebuttable Presumption. The United States will/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 P
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 A days (not more than 3).
5. Temporagy 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 corrnnitted 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 ofthe 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—00036-GIVIS Document 7 Filed 03/15/2007 Page 3 of 3
6. Other Matters.
DATED this I 5 day of Wk , 2007.
Respectfully submitted,
COLM F. CONNOLLY
_ UIli'[€ 3 V tto ge!. %
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By: ` _ _ 4, A 'J--i
s Edmond Falgo k1
Assistant Unite » States Attomey