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, )
Plaintiff g
v. ) Criminal Action No. 07- | [Vx
LUIS MONTANO-RIOS, )
- Defendant. )
MOTION FOR DETENTION HEARING
I NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3142(e) and (t). ln 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): I
___ Crime ofviolence (18 U.S.C. § 3156)
__ Maximum sentence life irnprisonrnent 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
_X_ 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): www Am
___)g Defendants appearance as required F i D
__ Safety of any other person and the community 1 A
l` NOV 8 Lian; 2
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n-Case 1 :0gr-001-0KB Filed 1 1/08/2007 Page 2 of 3 _
3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3 l42(e). (lf yes) The presumption applies `
because (check one or both):
__ Probable cause to believe defendant committed 10+ year drug offense or
fireanns offense, 18 U.S.C. § 924(c), or a federal crime of terrorism, or a specified
offense ( ) with minor victim r
__ 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
i(_ Ader 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):
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;
__ (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.
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Case 1:07-cr-00164-SLR Document 3 Filed 11/08/2007 Page 3 of 3
6. Other Matters.
DATED this Sth day of November, 2007.
Respectfully submitted, I
COLM F. CONNOLLY
United States Attorney »

BY: _
· Seth M. Beausang ` _
Assistant United States Attorney
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