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

Case 1:05-mj-00141-MPT

Document 4

Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, Plaintiff, v. ANDRES ABARCA-SOLIS, Defendant. Crim. Act. No. 05-

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MOTION FOR DETENTION HEARING NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 142(e) and (f). In support of the motion, the United States alleges the following:
1. Eli~ibility Case. This case is eligible for a detention order because case of

involves (check all that apply):
- Crime of violence (18 U.S.C.

3 156)

- Maximum sentence life imprisonment or death

- 10+ year drug offense
- Felony, with two prior convictions in above categories

X

Serious risk defendant will flee

I

2. Reason For Detention. The court should detain defendant because there are no conditions of release which will reasonably assure (check one or both):

X Defendant's appearance as required

-Safety of any other person and the community

Case 1:05-mj-00141-MPT

Document 4

Filed 12/22/2005

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3. Rebuttable Presumption. The United States WILL NOT invoke the

rebuttable presumption against defendant under 5 3 142(e). (If 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. 4 924(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
X After continuance of 3 days (not more than 3).
5. Tem~orarv 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.
X
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 1:05-mj-00141-MPT

Document 4

Filed 12/22/2005

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6 . Other Matters.

DATED this 22nd

day of

December

I

,2005.

COLM F. CONNOLLY United States Attorney
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BY:

Leonard P. Stark Assistant United States Attorney