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

. Case 1 :08-mj-00081-UNA Document 3 Filed 04/14/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Criminal Action No. 08-X! ‘ M
JULIO FABELA—NIEBLA, g
Defendant. I
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 (f). In support of the motion, the United States alleges the
following:
1. 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
_ Possessionf use of tireann, destructive device or other dangerous weapon
Failure to register under 18 U.S.C. § 2250
Ig Serious risk defendant will flee
_ Serious risk obstruction of justice

A Case 1:08-mj-00081-UNA Document 3 Filed O4/14/2008 Page 2 of 3
2. Reason For Detention. The coun should detain defendant because there are no
conditions of rel se which will reasonably assure (check one or both):
{ Defendant's appearance as required
_ Safety of any other person and the community
3. Rebuttable Presumgtion. 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):
_ 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 l 1 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 __3____ days (not more than 3).
5. Temporag Detention. The United States request the temporary detention of the
defendant for a period of I O 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-00081-UNA Document 3 Filed O4/14/2008 Page 3 0f 3
6. Other Matters.
0
Dated: ( L{ r O 6
K
Respectfully submitted, I
COLM · CONNO ' I
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Assistant Unit States · mey

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