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

- Case 1 :07-cr—OOO34-SLR Document 3 Filed O3/O1/2007 dfffl OFEA
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Criminal Action No. 07-
TONY L. CLARK, g
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 ofthe 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) F i L E D
_; Maximum sentence life imprisonment or death i ,
X) ` lm 1 za}? `
_ 10+ year drug offense
_ Felony, with two prior convictions in above categorilwsw P H _______
;_ Minor victim
_X_ Possession/ use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
A 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

Case 1:07-cr—OOO34-SLR Document 3 Filed O3/O1/2007 Page 2 of 3
3. Rebuttable Presumption. The United States wilUwill not invoke the
rebuttable presumption against defendant under § 3142(e). (lf 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
A 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-cr-00034-SLR Document 3 Filed O3/O1/2007 Page 3 of 3
6. Other Matters.
DATED this lst day of March , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: Z Q
Seth Beailang
Assistant nited States Attorney