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

Case 1:07-mj-00008—IV|PT Document 4 Filed 01/18/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v, g Criminal Action No. 07- O 6'AA , N
PEDRO HERNANDEZ-SANCHEZ g
Defendant. 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. § 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 imprisonment or death
___ 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 18 U.S.C. § 2250
QL 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 (cb eck one or both):
A Defendant's appearance as required ___ ___ _ __ _ _________f_________
_; Safety of any other person and the community E i
] I a
i if H Yr? .:;i : -tl-!-qi i

Case 1:O7—mj-OO0O8—lV|PT Document 4 Filed O1/18/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL 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
fireamis 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
U 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:O7—mj-OO0O8—lV|PT Document 4 Filed O1/18/2007 Page 3 of 3
6. Other Matters.
DATED this 18th day of January , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: Q /
Robert F. Kravetz
Assistant United States Attomey