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

Case 1 apggamggbgg jkqw/WGS Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, {
v. g Criminal Action No. 08- ll S ~ Wl
BRYANT K. ERVIN, 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. § 3 l42(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
_X_ Possession! use of firearm, destructive device or other dangerous weapon
1 Failure to register under 18 U.S.C. § 2250
__)i_ 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):
_)g_ Defendant's appearance as required
L Safety of any other person and the community

Case 1:08-cr—OOO44-SLR Document 3 Filed O2/19/2008 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 coun conduct
the detention hearing,
__ At first appearance
L_ After continuance of L_ 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):
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-cr-00044-SLR Document 3 Filed O2/19/2008 Page 3 of 3
6. Other Matters.
DATED this 19th day of Februg , 2008.
Respectfully submitted,
COLM ONNOLLY
United tes Attorney
BY: ,
S a A. Weede
A stant United States Attorney

Case 1:08-cr-00044-SLR

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