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

Case 1 :06-mj-00122-IVIPT Document 4 Filed 10/24/2006 I A OFCA
Qmn-·<‘ mtv-I lmc,
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. l Criminal Action No. 06- .;29~N\
MANUEL DE LA CRUZ-SALDANA, g
a/l 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. Eligibilig 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
l_ Serious xisk defendant will flee
__ Serious risk obstmction 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
__ Safety of any other person and the community
l_._.. ·


Case 1:06-mj-00122—IV|PT Document 4 Filed 10/24/2006 Page 2 of 3
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3 l42(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)
_ 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 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 1:06-mj-00122—IV|PT Document 4 Filed 10/24/2006 Page 3 of 3
6. Other Matters.
DATED this 24th day of October , 2006.
Respectfully submitted,
COLM F. CONNOLLY
United States Attomey
- ‘ .. »-/·‘ W ci I
BY: .- (`°""·|v{`ll\_.-·»..»C (. · Ll€€l*‘—‘\ /__.../"'
Sophie E. Bryan »
Assistant United States Attorney