Free Order of Temporary Detention - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, l
v. l Criminal Action No. 08-2 JK ' in
SEBRON FLEMING, l
Defendant. l
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to Fed. R. Crim P. 32.1 and 18 U.S.C. § 3142(a). In support ofthe motion, the United
States alleges the following:
1. Eligibiligg 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__ Possessionf 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
L Safety of any other person and the community

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3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3142(e). (lf 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
_;_ 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 appropnate officials can
be notified since (check 1 or 2, and 3):
l. 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-00082-UNA Document 4 Filed O4/17/2008 Page 3 0f 3
6. Other Matters.
( f. Q
DATED th` I ‘-L V
1S day of '\ ~ , 2008.
Respectfully submitted,
COLM F. CONNOLLY W}
United gtternaey
BY. I
E end Falgowski J
As tant United Sta Att ey

Case 1:08-mj-00082-UNA

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