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

Case 1:O§·§qg·{p/{)OQQ,*QM)$ 6p0a.urgrazn»t’#’I4 M Fil€d»O’W10/2008 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
i T FOR THE DISTRICT OF DELAWARE
i UNITED STATES OF AMERICA, )
Plaintiff, l I
v. ) Criminal Action No. 07-229-UNA
GARY A. JOHNSON, · l
Defendant. l
AMENDED 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 ofthe 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):
_;_ 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
__ Possession! use of firearm, destructive device or other dangerous weapon
__ Failure to register tmder 18 U.S.C. § 2250
L_ Serious risk defendant will flee
Q 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
_g<_ Safety of any other person and the community

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3. Rebuttable Presumption. The United States will/will not invoke the
L I rebuttable presumption against defendant under § 3l42(e).. (If yes) The presumption applies
J 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 n
_;_ 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): I
l. 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;
___ (0) 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-OOOO2—G|\/IS Document 14 Filed O1/10/2008 Page 3 of 3
6. Other Matters.
· i
= I
DATED this l0_ day of J anua;ry_, 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: _ ff; f is
`Seth M. Beausang
Assistant United States Attorney

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