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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, Plaintiff,
) ) )
) Criminal Action No. 08- '-\(;- \""I
PEDRO ALTATENCO-LUNA, 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 (t). 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 ofjustice 2. Reason For Detention. The court should detain defendant because there are 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
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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 firearrus 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 Hearinl!. The United States requests the court conduct the detention hearing, __ At first appearance
---.X- 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 (cbeck lor 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 perruanent residence. 3. The defendant may flee or pose a danger to any other person or the community.
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6. Otber Matters.
Respectfully submitted, COLMF. C NNOLLY United S at s Attorney
. Weede t United States Attorney