Free Pleadings from Other Distict - District Court of Delaware - Delaware

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RCK:gjames/release violation
. IN THE UNI'I'1EID STATES DIST?.§f 0 ·
V ...-. _ , ` . ` I" __ :
I·*oR THE DISTRICT OF MARI LEATED LI Ul
Northern Division __J _!,_ _,_ _
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THE UNITED STATES os AMERICA ) ’"`| """"H"U' L __
) B`s’..-......--UEPU1 z'
I v. I CRIMINAL NO. AMD—01-034
) UNDER SEAL
ANWAR JAMES, )
Defendant. ) _
...oOo... .
GOVERNMENT'S MOTION FOR REVOCATION OF RELEASE `
ORDER AND REQUEST FOR AN ARREST WARRANT
The United States of America, through undersigned counsel and
pursuant to 18 U.S.C. section 3148, hereby requests (1) that the
Court schedule a proceeding for revocation of the pretrial release
order pertaining to Anwar James, (2) that the Court issue an arrest
warrant for the defendant, and {3) that the Court issue an order
·sea1ing this motion until the arrest warrant has been executed, and
in support therefor states as follows:
l 1. On November 8, 2000, defendant Anwar James made an
initial appearance after arrest on a charge of participation in a
conspiracy to import cocaine. At a detention hearing on November
15, 2000,`the defendant was ordered detained by agreement.
2. At a bail review hearing on January· 19, 2001, the
defendant was released under Pretrial Services supervision and
other conditions of release.
3. On February 9, 2001, the defendant entered a plea of /‘
guilty to the conspiracy. \
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4. On December 11, 2001, Magistrate Judge Paul W. Grimm
_*__h approved a request to modify the release conditions to remove ·
electronic home monitoring and left all other release conditions in
place.
5. By· memo dated September 18, 2002, Pretrial Services
Officer Christina Stockton advised that the defendant failed to
report to her office on August 21, 2002, as instructed. iMs. .
Stockton also reported that on August 27m, she made a field visit
to the defendant's residence and found no one home. Ms. Stockton
spoke with the defendant’s third—partyecustodian on September 3"
and se and left a message that the defendant was to report
personally to the Puetrial Services Office. According to Ms.
Stockton, the defendant failed to report on September Em.
6. On September 26, 2002, Ms. Stockton advised by telephone
" that the third—party—custodian had contacted her and reported that
the defendant had apparently packed his belongings and left the
residence.
7. By failing to report to the Pretrial Services Officer as
directed and by changing his residence without informing_ the
Pretrial rServices Officer or the Court, the defendant is in
violation of his pretrial release conditions. Because the
defendant has apparently moved in violation of his release
conditions, there is no way to notify him to appear in court for a
hearing on this motion, and it is unlikely that he would appear if
2

Case 1:06-mj-00141-IVIPT Document 1 Filed 11/17/2006 Page 3 of 4
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notified. _
N__, S. According to 18 U.S.C. section 314B(b), the Court may ·
issue a warrant for the arrest of a person charged by motion with
violation of pretrial release conditions. Because public
information about the existence of an arrest warrant could make it
more difficult for government agents to find and apprehend the
defendant, the government respectfully requests that the Court seal
this motion until the warrant is executed.
WHEREFORE, the government requests (1) that the Court schedule
a proceeding for revocation of the pretrial release order
pertaining to Anwar James, (2) that the Court issue an arrest
i warrant for the defendant, and (3) that the Court issue an order
sealing this motion until the arrest warrant has been executed. A
draft order is submitted herewith for the convenience of the Court.
Respectfully submitted,
Thomas Mw DiBiagio
United States Attorney
@.4 c_
, Richard C. Kay
Assistant United States Attorney
U.S. Courthouse
101 W. Lombard Street
Baltimore, Maryland 21201
(410) 209-4BSO

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IN THE UNITED STATES DISTRICT COURT y '
FOR THE DISTRICT OF _MARYLAN'D
____ V _ _ Northern Division ·
THE UNITED STATES OF AMERICA )
v. g CRIMINAL NO. AM -01-034
) UNDER SEAL mn ____..Ill¥|Zl¤
ANWAR. JAMES, ) _iiL¤n·s£n ___..R£t‘»E|VE¤
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After a review of the government's Motion for Revocation of
Release Order and Request for an Arrest Warrant, and the record, it
is this 1?LT{\ day of October 2002, ORDERED as follows:
1.- The motion is hereby GRANTED.
2.i The Clerk of the Court shall issue a Bench Warrant for
the arrest of the above-named. defendant, ANWAR: JAMES, who is
charged in the motion.with violation of pretrial release conditions
in violation of IB U.S.C. section 3148, and whose whereabouts are
presently unknown.
n 3. It is further ORDERED that the government’s motion shall I
be UNDER SEAL until the defendant is in custody; after which time,
a copy 0f_the motion shall be provided to the defendant by the
government.
4. The Clerk of the Court shall provide two copies of this
order to Richard C. Kay, Assistant U.S- Attorney. p
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` United States District Judge
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