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

Case 1 :08-g;L0,Q0%1/,GrM$j, JQq0uma{1;tl5¢» @190/QB/13/2008 Page 1 of 3
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i IN THE UNITED STATES DISTRICT COURT
l FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 08-41
JAMES 000m! i
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. § 3142(e) and (f). ln support of the motion, the United States alleges the
following:
1. Eligibility 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
A 10+ year drug offense
i Felony, with two prior convictions in above categories
_ Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
A 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):
A Defendant's appearance as required
L Safety of any other person and the community
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Case 1:08-cr-00041-GIVIS Document 5 Filed 03/13/2008 Page 2 of 3
If any of the above-described forfeitable property, as a result of any act or omission of the
defendant:
(a) cannot be located upon the exercise of due diligence;
(b) has been transferred or sold to, or deposited with, a third party;
(c) has been placed beyond the jurisdiction of the court;
(d) has been substantially diminished in value; or
(e) has been commingled with other property which cannot be divided without difficulty;
it is the intent of the United States, pursuant to 21 U.S.C. § 853(p) as incorporated by 28 U.S.C. §
2461 (c), to seek forfeiture of any other property of said defendant up to the value of the forfeitable
property described above.
A TRUE BILL: A
COLM F. C ji »· l OLLY
UNTT ATES ATTORNEY
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Dated: Marc 4, 2 08 ’ _ {ii .._
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Case 1:08-cr-00041-GIVIS Document 5 Filed 03/13/2008 Page 3 of 3
3. Rebuttable Presumption. The presumption applies because (check one or both):
L Probable cause to believe defendant committed 10+ year dmg offense or
fireanns offense, 18 U.S.C. § 924(c)
__ Previous conviction for "e1igible" 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 continuance of L days (not more than 3).
5. Temporary Detention. The United States request the temporary detention of the
defendant for a period of 10 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:
1 (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 pennanent
residence.
_ 3. The defendant may flee or pose a danger to any other person or the community.
DATED this 13th day of March , 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY; /
a H. Eisenstein
Assistant United States Attorney

Case 1:08-cr-00041-GMS

Document 5

Filed 03/13/2008

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Case 1:08-cr-00041-GMS

Document 5

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Case 1:08-cr-00041-GMS

Document 5

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