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

Case 1 :07-or-00027-GIVIS Document 3 Filed O2/20/2OO?TLE'a§e‘1rpf@f7e·,l Q/QU-gn
Q, | me I *=’-lr IZ-fl'l{—
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Case No. 07- ,52.;.,;, b/HO]-"
EULALIA AMPARO—PADILLA,
Defendant.
MOTION FOR DETENTION HEARQQ
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 8 U.S.C. §1326(b)(2). 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)
__ Maximum sentence life imprisonment or death
__ 10+ year ding offense
__ Felony, with two prior convictions in above categories
_)L_ Serious risk defendant will flee
__ Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant becavusrethtieuarre no
conditions of release which will reasonably assure (check og i
i FEE T C L-Qu? <\ \
I 1-- riiri T- I. --
i .i.'_T. 'i*‘$}-{ ?iiY'.°lil.
; JL ·- --.-.,..-1

Case 1:07-cr-00027-GIVIS Document 3 Filed O2/20/2007 Page 2 of 3
j(__ Defendant's appearance as required
L_ Safety of any other person and the community
3. Rebuttable Presumption. The United States (will, will not) invoke the rebuttable
presumption against defendant under §3l42(e). (lf yes) The presumption applies
because (check one or both):
1 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 j_ days or after any competency hearing ordered by
_ the Court.
5. Temporary Detention. The United States requests the temporary detention of the
defendant for a period of _ days (not more than 10) so that the appropriate officials
can be notified since:
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.

Case 1:07-cr-00027-GIVIS Document 3 Filed O2/20/2007 Page 3 of 3
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.
6. Other Matters.
DATED this 20th day of February , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attomey
ii~’ l ,
‘* ri 3% { qjl ’
= _"/ \ fvil
Shanno _"lQ..Hans`on
" ~—-\__Assistaiit United States Attorney