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


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Date: June 17, 2008
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Category: District Court of Delaware
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. Case 1 :08-mj-00105-UNA Document 3 Filed 06/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. l Criminal Action No. 08- /05* {yl
LEVAN MORALES, g
Defendant. )
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:
l. Eligibilig of Case. This case is eligible for a detention order because case
involves (check all that apply):
_ 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
_X_ Possession! use of firearm, destructive device or other dangerous weapon
______ Failure to register under 18 U.S.C. § 2250
_§_ Serious risk defendant will flee
_ Serious risk obstruction of ustice
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
L_ Defendant's appearance as required
L Safety of any other person and the community

_ Case 1:08-mj-00105-UNA Documenty Filed 06/16/2008 Page 2 of 3
3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3 l42(e). (If yes) 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), or a federal crime of terrorism, or a specified
offense ( ) 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
A After continuance of __3___ days (not more than 3).
5. Temgorag; 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-mj-00105-UNA Document 3 Filed 06/16/2008 Page 3 of 3
6. Other Matters.
DATED this 16th day of June , 2008.
Respectfully submitted,
COLM F. C IGNOLLY
United Stat, ' Attorney
BY: ,. ‘
Sh wn . eede
As istant nited States Attorney

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