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

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' ‘ IN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
lu Plaintiff g
v. ) Criminal Action No. 08- OG - {V]
THOMAS J. SMITH, )
Defendant. )
_ I 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: l l
1. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply): l
_____, Crime of violence (18 U.S.C. § 3156) I
L Maximum sentence life imprisomnent or death
L 10+ year drug offense l
L Felony, with two prior convictions in above categories
___ Minor victim .
_X_ Possessionf use of firearm, destructive device or other dangerous weapon
L Failure to register under 18 U.S.C. § 2250
L Serious risk defendant will flee i
L Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
L Defendant's appearance as required
L Safety of any other person and the community

Case 1 :08-cr-OOOO8-GIVIS Document 3 Filed O1/08/2008_ Page 2 of 3
i . 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 ( ) 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 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.
____ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:08-cr-OOOO8-GIVIS Document 3 Filed O1/08/2008 Page 3 of 3
6. Other Matters.
DATED this it day of , 2008. i
Respectfully submitted,
J A
COLM F (DNNOLLY
United t sAtt0mey
BY:
Sha . Weede
Ass t United States Attorney

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