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

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IN THE UNITED STATES DISTRICT COURT
MSEQLEO I0l!7·{°€>
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Case N0. 06- H2 M
BRIAN KEITH MYERS, ) b"` U" "`L
Defendant. )
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to I8 U.S.C. §3l42(e) and (I). 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)
L_ Maximum sentence life imprisonment or death
Q(_ 10+ year drug offense
__ Felony, with two prior convictions in above categories
__ Serious risk defendant will flee
___ Serious risk obstruction of justice F I L E
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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_ Defendants 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). (If yes) The presumption applies
because (check one or both):
_j(__ 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
__)g__ After continuance of j__ days (not more than 3).
5. Temporag Detention. The United States requests the temporary detention ofthe
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;

Case 1:06-mj-00112-MPT Document 4 Filed O9/20/2006 Page 3 of 3
__ (b) on release pending imposition or execution of sentence,
appeal of sentence or conviction, or completion of sentence for
an offense;
__ (0) 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
commtmity.
6. Other Matters.
DATED this 20th day of September , 2006.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
ougla . McCann
- Assistant U. S. Attorney