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

Case 1 :08-cr-00130-JJF Document 4 Filed 07/30/2008 Page 1 of 3
i IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
UNITED STATES OF AMERICA, )
Plaintiff, 3
v. l Criminal Action No. 08- /_5.S·YVL..
EDWARD BROSKY, i
Defendant. i el ii`} fylfhi
we tl li
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 ofthe 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):
i(__ Crime ofviolence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
_ 10+ year drug offense
__ Felony, with two prior convictions in above categories
_;(__ Minor victim
T Possessionf use of tireann, destructive device or other dangerous weapon
T Failure to register under 18 U.S.C. § 2250
L_ Serious risk defendant will Hee
__g 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):
A Defendants appearance as required
A Safety of any other person and the community

Case 1:08-cr-00130-JJF Document 4 Filed 07/30/2008 Page 2 of 3
A 3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3 l42(e). (lf yes) The presumption applies
because (check one or both):
L_ Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, 18 U.S.C. § 924(cs), or a federal crime of terrorism, or a specified
offense (Receipt of Child Pornography) with minor victim
_ 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
__§_ After continuance of L days (not more than 3).
5. Temporagy 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 1:08-cr-00130-JJF Document 4 Filed 07/30/2008 Page 3 of 3
· 6. Other Matters.
DATED this 30"" day of July , 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: 2
Edward J. Andrew
Assistant United States Attorney

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