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

Case 1 :08-cr-00111-GIVIS Document 4 Filed 07/31/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. l
) Criminal Action No. 08-1 1 1-GMS
THOMAS PENDLET ON, )
Defendant. l
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 l42(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):
___ Crime of violence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
__ 10+ year drug offense
_ Felony, with two prior convictions in above categories
A Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
_; 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):
A Defendant's appearance as required
A Safety of any other person and the community

Case 1:08-cr-00111-GIVIS Document 4 Filed 07/31/2008 Page 2 of 2
3. Rebuttable Presumption. The presumption applies because (check one or both):
__ 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
A After continuance of j___ days (not more than 3).
5. Temporag; 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 l 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.
DATED this 3 1 st day of July , 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY; é / /""‘"T’_/
a H. isenstein
Assistant United States Attorney

Case 1:08-cr-00111-GMS

Document 4

Filed 07/31/2008

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Case 1:08-cr-00111-GMS

Document 4

Filed 07/31/2008

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