Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cr-00264-AVC

Document 51

Filed 01/27/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. JOHN DALTON : : : : : :

CRIM. NO. 3:00cr00264(AVC)

January 27 2006

GOVERNMENT'S MOTION FOR DETENTION Pursuant to Rule 32.1(a)(6) of the Federal Rules of Criminal Procedure and Title 18, United States Code, Section 3143(a), the Government hereby requests that the defendant be ordered detained pending a revocation hearing. Pursuant to Rule 32.1, the burden is on the defendant to establish that he will not flee or pose a danger to any person or the community. Pursuant to 18 U.S.C. §

3143(a)(2), because the underlying offense and the defendant's recent offense are crimes of violence, "[t]he judicial officer shall order that . . . [the defendant] be detained" unless the judicial officer finds that there is a substantial likelihood that a motion for acquittal or new trial will be granted or the Government has recommended that no sentence of imprisonment be imposed and the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person in the community. In the instant case, the

defendant cannot establish a substantial likelihood that a motion for acquittal or new trial will be granted.
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In addition, the

Case 3:00-cr-00264-AVC

Document 51

Filed 01/27/2006

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Government is recommending that a sentence of imprisonment be imposed. Accordingly, the Government respectfully submits that,

pursuant to 18 U.S.C. §3143(a)(2), the Court "shall order that . . . [the defendant] be detained."

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

GEOFFREY M. STONE ASSISTANT U.S. ATTORNEY Federal Bar No. ct16075 450 Main Street Hartford, CT 06103 (860) 947-1101 CERTIFICATION OF SERVICE This is to certify that the within and foregoing has been hand delivered this 27th day of January, 2006 to: Counsel of Record

___________________________________ GEOFFREY M. STONE ASSISTANT UNITED STATES ATTORNEY

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