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

Case 1:08-cr-00020-SLR

Document 4

Filed 02/26/2008

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE


UNITED STATES OF AMERICA, Plaintiff,
v.

)
)

)
)

Criminal Action No. 08-20-SLR

JOHNTEL CLARK, Defendant.

)

MOTION FOR DETENTION HEARING NOW COMES the United States and moves for the pretrial detention ofthe defendant,

pursuant to 18 U.S.c. §3142(e) and (t). In 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):

V

Crime of violence (18 U.S.C. § 3156) Maximum sentence life imprisonment or death 10+ year drug offense

/"FeIOny, with two prior convictions in above categories _ _ Serious risk defendant will flee _ _ Serious risk obstruction ofjustice

[FEn 16 ~
l.

FILED

l

i

us DISTRICT COURT D!STRICT Of DfLAWARE

Case 1:08-cr-00020-SLR

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Filed 02/26/2008

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2.

Reason For Detention. The court should detain

defendant because there are

no conditions of release which will reasonably assure (check one or both):

V" Defendant's appearance as required
V"safety of any other person and the community

3.

Rebuttable Presumption. The United States (will, win 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 fireanlls 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, _ ~first appearance
_./_ A" Hft'er continuance of_3_ days (not more than 3).


5.

Temporary Detention. The United States requests the temporary detention of the defendant for a period of _ _ days (not more than 10) so that the appropriate officials can be notified since: I. At the time the offense was committed the defendant was: (a) on release pending trial for a felony;

Case 1:08-cr-00020-SLR

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Filed 02/26/2008

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(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 pem1anent residence.

3. _

The defendant may flee or pose a danger to any other person or the community.

6.

Other Matters.

DATED this

2A.l.f'aayof

F..J.rJ,lla--

,2008

COLMF. C OL United States Alto