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

- if in O1 /2(lO8 Page 1 0f 3
L i it / /6} 1
E
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ` .
UNITED STATES OF AMERICA, ) p
Plaintiff, g i
v. g Criminal Action No. 08—O3-GMS A
VALDER DRAYTON, g i
Defendant. g
1
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant, i
pursuant to 18 U.S.C. § 3142(e) and (f). ln support of the motion, the United States alleges the
following:
1. Eligibilig of Case. This case is eligible for a detention order because case i
involves (check all that apply);
___ Crime ofviolence (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
1 Failure to register under 18 U.S.C. § 2250
__;(_ Serious risk defendant will flee
_X_ 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):
j_(_ Defendant's appearance as required
___)L Safety of any other person and the community

Case 1 :08-cr-00003-GIVIS Document 7 Filed 01/31 /2008 Page 2 of 3
3. Rebuttable Presumption. The United States will/will not invoke the i
rebuttable presumption against defendant under § 3 l42(e). (lf yes) The presumption applies l
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 i
offense with minor victim `
__ Previous conviction for feligible" 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 _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
1. At the time the offense was committed the defendant was: i
___ (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-OOOO3-GIVIS Document 7 Filed O1/31/2008 Page 3 of 3
6. Other Matters.
DATED this 3 l" day of January 2008. I
Respectfully submitted, E
COLM F. CONNOLLY
United States Attorney
l
_ _ , -
BY; / Nw /4* 1
Ro ert F. Kravetz _ I
Assistant United States Atto
l
i

Case 1:08-cr-00003-GMS

Document 7

Filed 01/31/2008

Page 1 of 3

Case 1:08-cr-00003-GMS

Document 7

Filed 01/31/2008

Page 2 of 3

Case 1:08-cr-00003-GMS

Document 7

Filed 01/31/2008

Page 3 of 3