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

Case 1:05-cr-00039-GMS

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Filed 05/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY A. BENTLEY, Defendant. : : : : : : : : :

Criminal Action No. 05-39

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. Eligibility of Case. This case is eligible for a detention order because case involves (check all that apply): X Crime of violence (18 U.S.C. § 3156) X Maximum sentence life imprisonment or death 10+ year drug offense Felony, with two prior convictions in above categories X 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): X Defendant's appearance as required X Safety of any other person and the community

Case 1:05-cr-00039-GMS

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3. Rebuttable Presumption. The United States will invoke the rebuttable presumption against defendant under § 3142(e). (If yes) The presumption applies because (check one or both): X 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 X After continuance of 3 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 1:05-cr-00039-GMS

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Filed 05/12/2005

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6. Other Matters.

DATED this

12th

day of

May

, 2005.

COLM F. CONNOLLY United States Attorney

BY:

/s/ Anne Y. Park Assistant United States Attorney

Case 1:05-cr-00039-GMS

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Filed 05/12/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY A. BENTLEY, Defendant. : : : : : : : : :

Criminal Action No. 05-39

CERTIFICATE OF SERVICE I, Anne Y. Park, Assistant United States Attorney for the District of Delaware, hereby certify that on the 12th day of May, 2005, I electronically filed the Government's Motion for Detention Hearing with the Clerk of the Court using CM/ECF. Said document is available for viewing and downloading from CM/ECF, which will send notification of such filing(s) to the following: Penny Marshall, Esquire Federal Public Defender First Federal Plaza, Suite 110 704 King Street Wilmington, DE 19801

/s/ Anne Y. Park Assistant United States Attorney