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

Case 1 :08-mj-00097 Document 2 Filed 06/O2/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Case No. 08—q`7- P/1
JOSHUA BEY, g
Defendant. g
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3l42(e) and (tj. In support of the motion, the United States alleges the
following:
l. Eligibilit; 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
__ Minor victim
_X_ Possession! use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
_)L 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):
l_ Defendant's appearance as required i `1-|J_`w"
l__ Safety of any other person and the community I
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Case 1 :08-mj-00097 Document 2 Filed 06/O2/2008 Page 2 of 3
3. Rebuttable Presumgtion. The United States will not invoke the rebuttable
presumption against defendant under § 3142(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
_L After a continuance of _; days (not more than 3).
5. Temporag Detention. The United States requests 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-00097 Document 2 Filed 06/O2/2008 Page 3 of 3
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY:
Geoffr ri er
Special Assistant United States Attorney

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