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

Case 1 :06-cr-00107-SLR Document 9 ` ed 10/05/2006 Page 1 of 3
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· IN THE UNITED STATES DISTRICT COURT 1
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. l Criminal Action No. 06-107
JAMES SHEPPARD, 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). ln-support ofthe motion, the United States allegesthe
following; _
1. Eligibiligg of Case. This case is eligible for a detention order because case
involves (check all that apply):
__ Crime of violence (1 8 U.S.C. § 3156)
__ Maximum sentence life irnprisorrrnent or death
___ 10+ year drug offense
k_ Felony, with two prior convictions in above categories
L 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 (check one or both):
;(_ Defendant's appearance as required
_}L Safety of any other person and the community

Case 1:06-cr—00107-SLR Document 9 Filed 10/05/2006 Page 2 of 3
3. Rebuttable Presumption- The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3l42(e). (If 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
QL After continuance of Q_ days (not more than 3).
5- Temgoragg 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 (clieck 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-cr-00107-SLR Document 9 Filed 10/05/2006 Page 3 of 3
DATED this 4th day of October , 2006.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY / 0
ana H. Eisenstein
Assistant United States Attorney