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

Case 3:03-cr-00217-PCD Document 42 Filed 05/28/2008 Page 1 of 4
UNITED STATES DISTRICT COURT q 5
DISTRICT OF CONNECTICUT A ‘ 1»4A
UNITED STATES OF AMERICA :
: CRIM. NO. 03:03CR2l7 (PCD)
v. :
PEDRO SANCHEZ May 28, 2008
GOVERNMENT'S MOTION FOR PRETRIAL DETENTION
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:
_% 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 of ten years or more is
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 of
September 15, 1980 (21 U.S.C. §955a);
__ any felony committed after the defendant has been convicted of two or more of the
prior three offenses or two or more State or local offenses that would have been one
of the prior three offenses if a circumstance giving rise to Federal jurisdiction had
existed;
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Case 3:03-cr-00217-PCD Document 42 Filed 05/28/2008 Page 2 of 4
A 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.
II. Reason for Detention
The court should detain defendant because there are no conditions of release which will
reasonably assure: t
_X_ the defendant's appearance as required; and/or
___ the safety of any other person and the community.
III. Rebuttable Presumption
The Government will not invoke the rebuttable presumption against the defendant under Title
18, United States Code, Section 3 l42(e). The presumption applies because:
__ the defendant has been convicted of a Federal offense described in Title 18, United
States Code, Section 3 142(f)(l) or of a State or local offense that would have been
an offense described in Section 3142(f)(1) if a circumstance giving rise to Federal
jurisdiction had existed;
_ an offense described in Title 18, United States Code, Section 3142(e)(l) was
committed while the defendant was on release pending trial for a Federal, State, or
local offense; and
_ a period of not more than five years has elapsed since the date of conviction, or the
release of the defendant from imprisonment, for an offense described in Title 18,
United States Code, Section 3142(e)(1), whichever is later; or
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Case 3:03-cr-00217-PCD Document 42 Filed 05/28/2008 Page 3 of 4
___ there is probable cause to believe that the defendant committed an offense for which
a maximum term of imprisonment of ten years or more is 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.), section 1 of the Act of September
15, 1980 (21 U.S.C. 955a), an offense under section 924(c), 956(a), or 2332b ofTitle
18 of the United States Code, or an offense involving a minor victim under section
1201, 1591, 2241, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(l), 2252(a)(2),
2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422,
2423, or 2425 of Title 18 of the United States Code.
IV. Time for Detention Hearing
The Government requests that the court conduct the detention hearing:
_)g at the defendant's first appearance;
_ after a continuance of three days.
Respectfully submitted,
NORA R. DANNEHY
ACTING UNITED STATES ATTORNEY
BRIAN P. LEAMING
ASSISTANT U.S. ATTORNEY
Federal Bar No. ct16075
450 Main Street
Hartford, CT 06103
(860) 947-1101
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Case 3:03-cr-00217-PCD Document 42 Filed 05/28/2008 Page 4 of 4
CERTIFICATION OF SERVICE
This is to certify that the within and foregoing has been hand delivered this 28th day of
May 2008 to: ~
Richard S. Cramer, Esq.
250 Hudson Street
Hartford CT 06106
__.._
BRIAN P. LEAMING
ASSISTANT UNITED STATES ATTORNEY
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