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


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Date: February 27, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-mj-00047-UNA

Document 3

Filed 02/27/2008

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


UNITED STATES OF AMERICA, Plaintiff,
v.

)
)

) ) )
)

Criminal Action No. 08- 1.(7-

fI1

EFRAIN MEJIA-FLORES, Defendant.

) )
)


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). In support of the motion, the United States alleges the following: I. Eligibility of Case. This case is eligible for a detention order because case involves (check all that apply): Crime of violence (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 Possession! use of firearm, destructive device or other dangerous weapon Failure to register under 18 U.S.c. 2250

---.X- Serious risk defendant will flee

Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant because there arc no conditions of release which will reasonably assure (check one or both):

---X...-

Defendant's appearance as required Safety of any other person and the community

Case 1:08-mj-00047-UNA

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3. Rebuttable Presumption. The United States will/will not invoke the rebuttable presumption against defendant under 3142(e). (If yes) The presumption applies because (check one or both): Probable cause to believe defendant committed 10+ year drug offense or fireanns offense, 18 U.Sc. 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

----L After continuance of_3_ 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): I. 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 pennanent residence. 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:08-mj-00047-UNA

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6. Other Matters.

DATED this

27th

day of

February

,2008.

Respectfully submitted,

BY: