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

Case 1 :07-cr-00035-SLR Document 7 Filed O3/15?OOZ’g gB£)gej-6`I/3Opg/U Cm}'2 T
J» xs‘— 07 (P6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintifi I
v. I Criminal Action No. 07-35 SLR
IRVIN J. LEWIS, I
Defendant. I
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. 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 imprisomnent or death
__ 10+ year drug offense
__ Felony, with two prior convictions in above categories
__ Minor victim _
A Possession! use of iireann, 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 ‘

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l 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 § 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 cormnitted while on pretrial bond
4. Time For Detention Hearing. The United States requests the court conduct the
detention hearing,
_ l 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 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 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.

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6. Other Matters.
on *‘~ 0 ft
DATED this U5 day of YL 2007.
Respectfully submitted,
COLM RCONNO LY
dStates ey
I Edmond Fa 0 i
Assistant Unite States Attomey