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

C _ Case 1 :05-cr-OOO51—G|\/IS Document 7 Fil d 06/O2/2005 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT H —
FOR THE DISTRICT OF DELAWARE I , p _, 4 y
UNITED srares or AMERICA, I t E M I
Z - ` - -· _w F____v`é“7i ,
v. Criminal Action No. 05-51 . lx _ i _ ' Y
MICHAEL J. ANDERSON, A-
Defendant.
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the
defendant, pursuant to 18 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)
___ Maximum sentence life imprisonment or death
__ lO+ year drug offense I
___ Felony, with two prior convictions in above categories A
_}j_ Serious risk defendant will Hee Q
___ Serious risk obstruction ofjustice
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both): E
_X_ Defendant’s appearance as required
__X__ Safety of any other person and the community
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3. Rebuttable Presumption. The United States will invoke the rebuttable
presumption against defendant under § 3 l42(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. §» 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
i(__ After continuance of _§_ days (not more than 3).
5. Temporary Detention. The United States request the temporaty 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):
i. At the time the offense was committed the defendant was:
2 (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; i
__ (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.
it
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6. Other Matters.
DATED this 2nd day of June , 2005.
COLM F. CONNOLLY
United States Attorney
BY: _
A e Y. Park '
Assistant United ates Attorney
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