. -i/ri»il¤s/z<
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. ) I
_ ) Criminal Action No. 08-21
JACQUAN SMITH )
I Defendant. g U
I MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendants,
pursuant to 18 U.S.C. § 3142(e) and (t). In support ofthe motion, the United States alleges the n `
following:
1. Eligibility of Case. This case is eligible for a detention order because case involves (check
all that apply): A
__ Crime of violence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
L_ 10+ year drug offense
; Felony, with two prior convictions in above categories
__ Minor victim; possession or use of firearm, destructive device c_r other `
dangerous weapon; or failure to register under 18 U.S.C. § 2250
l A Serious risk defendant will Hee ‘
0 - _ Serious risk obstruction of justice
2. Reason For Detention. The court should detain the defendant(s) because there are no
conditions of release which will reasonably assure (check one or both):
W QL Defendant’s appearance as required
A Safety of any other person and the community
Case 1 :08-cr—OOO21—JJF Document 8 Filed O2/14/2008 Page 2 of 2
3. Rebuttable Presumption. The presumption applies because (check one or both): I i
_X_ Probable cause to believe defendant(s) committed 10+ year drug offense or i
firearms offense, 18 U.S.C. § 924(c)
____ 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 I
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 __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:
_; (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.
‘ . ifi: 4 __ 3. The defendant may flee or pose a danger to any other person or the community.
;_ _ A DATED this 14th day of Februg , 2008.
{4 Respectfully submitted,
I . ` C COLM F. CONNOLLY
United States Attorney
BY: %
a H. Eisenstein
Assistant United States Attorney
Case 1:08-cr-00021-JJF
Document 8
Filed 02/14/2008
Page 1 of 2
Case 1:08-cr-00021-JJF
Document 8
Filed 02/14/2008
Page 2 of 2
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