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

Case 1 :08-cr-00002—GlV|S Document 4 Filed 11/16/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
O R I Gl N A L
UNITED STATES OF AMERICA, :
Plaintiff, Z
v. : Cr. A. N0. 07-pg/"1
GARY A. JOHNSON,
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 (f). In support of the motion, the United States alleges the
following:
1. Eligibilig 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
__ Possessionf use of firearm, destructive device or other dangerous weapon
__ Failure to register under 18 U.S.C. § 2250
L Serious risk defendant will flee
_ 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):

Case 1:08-cr-00002—GIV|S Document 4 Filed 11/16/2007 Page 2 of 3
it
Defendant's appearance as required P y
L Safety of any other person and the community
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): .
A Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, IS U.S.C. § 924(c), or a federal crime of terrorism, or a
specified offense I } with minor victim
_ Previous conviction for "eligible" offense committed while on pretrial
bond l
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; i
__ (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 admittedpfor
permanent residence.
_ 3. The defendant may flee or pose a danger to any other person or the
connnunity.

Case 1:08-cr-00002-G|\/IS Document 4 Filed 11/16/2007 Page 3 of 3
6. Other Matters.
DATED this 16th day of November, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney e
By: C
Douglas . McCann
Assistant United States Attorney

Case 1:08-cr-00002-GMS

Document 4

Filed 11/16/2007

Page 1 of 3

Case 1:08-cr-00002-GMS

Document 4

Filed 11/16/2007

Page 2 of 3

Case 1:08-cr-00002-GMS

Document 4

Filed 11/16/2007

Page 3 of 3