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

‘ _ Case 1 :07-mj-00041 -M PT Document 3 Filed O3/07/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT 6 ·
, - FOR THE DISTRICT OF DELAWARE
UNITED STATES OF-AMERICA, )
Plaintiff, g
v. - ) Criminal Action No. 07- ‘i\ VV MPS-
GHJBERTOZARCO, 3
_ Defendant. g l
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 l42(e) and (f). In support ofthe motion, the United States alleges the
following:
l. 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
__i(_ 10+ year drug offense
; Felony, with two prior convictions in above categories
______ Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under IS U.S.C. § 225.0
A Serious risk defendant will flee n
__ Serious risk obstruction of j ustice 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):
___g(_ Defendant's appearance as required ___,__,_______,____,,_,___,,______________
;(___ Safety of any other person and the connntmity {` Wiliam? D
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I p T Case 1 :07-mj—OOO41—MPT Document 3 Filed O3/07/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL éinvoke the
rebuttable presumption against defendant under § 3142(e). (If yes) The presumption applies
because (cheek one or both): i
L 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
_X_ After continuance of _;_ days (not more than 3).
5. Temporag; 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): 2
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. l
__ 3. The defendant may flee or pose a danger to any other person or the community.

_ Case 1 :07-mj—OOO41—MPT Document 3 Filed O3/07/2007 Page 3 of 3
6. Other Matters.
DATED this day of M6 (dl" , 2007. <
Respectfully submitted, '
COLM F. CONNOLLY ~
United States Attorney _
BY; gx € 3;;; l
Sophie .B1yan
Assistant United States Attorney