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

C§3,)?gO%c`:/ZQOQZQ-G%·N Documesrif 5 0r·Fi~l¢/cl’,0’3AE>3/2008 Page 1 of 3 ,
57/0
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff i
v. 3 Criminal Action No. 08- Z (I
BRIAN KEITH TIN SLEY, II, 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. § 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
X; Possession! use of firearm, destructive device or other dangerous weapon
___ Failure to register under 18 U.S.C. § 2250
_ Serious risk defendant will flee
; Serious risk obstruction of justice

Case 1:08-cr-OOO29—GIV|S Document 5 Filed O3/O3/2008 Page 2 of 3
2. Reason For Detention. The court should detain defendant because there are no
conditions of release which will reasonably assure (check one or both):
_ Defendant's appearance as required
A Safety of any other person and the community
3. Rebuttable Presumption. The United States will/will not invoke the rebuttable
presumption against defendant under § 3l42(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 ( J 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
g 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 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;
3 (c) on probation or parole for an offense.
_ 2. The defendant is not a citizen ofthe 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-OOO29—GIV|S Document 5 Filed O3/O3/2008 Page 3 of 3
6. Other Matters.
Dated:} ’z ’/Og
Respectfully submitted,
COLM F. CONNOL
Unit _ States Attom \ \
{ 4 1 e
By: L
ond Falgowski
Assistant United St es At ey

Case 1:08-cr-00029-GMS

Document 5

Filed 03/03/2008

Page 1 of 3

Case 1:08-cr-00029-GMS

Document 5

Filed 03/03/2008

Page 2 of 3

Case 1:08-cr-00029-GMS

Document 5

Filed 03/03/2008

Page 3 of 3