Free Motion for Pretrial Detention - District Court of Connecticut - Connecticut

Case 2:85-cr-00050-AVC Document 59 Filed O3/24/2008 Page 1 of 4
UNITED STATES DISTRICT COURT __ _ _ _ _ _ { _______
DISTRICT OF CONNECTICUT I ‘ i
UNITED STATES OF AMERICA : CRIMINAL NO. 2:85CR50(A\/C) _ __; g 1
AVELINO GONZALEZ-CLAUDIO March 19, 2008
GOVERNMENTS MOTION FOR PRETRIAL DETENTION
In accordance with the Government’s oral motion, previously lodged on February 28, 2008,
n at defendant’s initial appearance in this district before the Hon. Magistrate-] udge Thomas P. Smith,
and pursuant to Title 18, United States Code, Sections 3142(e) and (f), the Government hereby
requests that the defendant be ordered detained prior to trial.
I. Eligibility of Case
This case is eligible for pretrial detention because it involves:
jg a crime of violence as defined in Title 18, United States Code, Section 3156;
__ an offense for which the maximum sentence is life imprisonment or death;
__ an offense for which a maximum term of imprisonment often years or more 1S
prescribed in the Controlled Substances Act (21 U.S.C. § 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. § 951 et seq.), or section l ofthe Act
ofSeptember15, 1980 (21 U.S.C. § 955a);
__ any felony committed after the defendant has been convicted of two or more ofthe
prior two offenses or two or more State or local offenses that would have been one
of the prior two offenses if a circumstance giving rise to Federal jurisdiction had
existed;


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Case 2:85-cr-00050-AVC Document 59 Filed O3/24/2008 Page 2 of 4
r j_(_ a serious risk that the defendant will flee; and/or
.._ a serious risk that the defendant will obstruct or attempt to obstruct justice, or
threaten injure, or intimidate, or attempt to threaten, injure, or intimidate, a
prospective witness or juror. l
H. Reason for Detention
The court should detain defendant because there are no conditions of release which will
reasonably assure:
_X_ the defendants appearance as required; and/or
;X__ the safety of any other person and the community.
HI. Rebuttable Presumption
The Government will not invoke the rebuttable presumption against the defendant under Title
18, United States Code, Section 3I42(e).
IV. Time for Detention Hearing
At the defendant’s initial appearance on February 28, 2008, the government requested that
the Court conduct the detention hearing after a continuance of 3 days. Following consultation with
defense counsel, the Court scheduled the detention hearing for Tuesday, March 4, 2008.
Subsequently, upon defense counsel’s request for more time to obtain certain materials from the
District of Puerto Rico for purposes ofthe detention hearing, the March 4 hearing date was vacated.

Case 2:85-cr-00050-AVC Document 59 Filed O3/24/2008 Page 3 Of 4
No further detention hearing date has been scheduled as ofthe filing of this written motion.
Respectfully submitted
KEVIN J. O’CONNOR `
UNITED STATES ATTORNEY
Y . {
ASSIS UNITED STATES ATTORNEY
Fed. Bar No. ct24829
157 Church Street, 23d Floor
New Haven, CT 06510
(203) 821-3700
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Case 2:85-cr-00050-AVC Document 59 Filed O3/24/20 39
CERTIFICATE OF SERVICE
IHEREBY certify that I caused a copy ofthe foregoing to be sent by first—class mail, postage
prepaid, this 19"‘ day of March, 2008, both to defendant’s present counsel, Deirdre Murray, Esq.,
and to prospective counsel named in a pending motion for appointment of counsel, James W.
Bergenn, Esq., at the respective addresses listed below:
Deirdre Murray, Esq.
Office of the Federal Public Defender
10 Columbus Blvd, FL 6
Hartford, CT 06106—1976
James W. Bergenn, Esq.
Shipman & Goodwin
One Constitution Plaza
Hartford, CT 06103-1919
gsisgtz Aéorney
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