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

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA 1
: Criminal Action N0. 07-144-SLR
Plaintiff :
v. :
MIGUEL A. MALDONADO-BENTTEZ, F I L E D
a/k/a Jean Carlos Ortero :
Defendant. DEC I 3 EUG?
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3l42(e) and (f). In support of the motion, the United States alleges the
following:
l. Eligibilig of Case. This case is eligible for a detention order because case
involves (check all that apply):
_ Crime ofviolence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
___ l0+ year drug offense
_ Felony, with two prior convictions in above categories
_ Minor victim
_ Possession! use of firearm, destructive device or other dangerous weapon
é Failure to register tmder 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):
__)g Defendant's appearance as required

Case 1:07-cr—00144-SLR Document 5 Filed 12/13/2007 Page 2 of 3
__ 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):
__ 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
_)_§_ 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.
2

Case 1:07-cr-00144-SLR Document 5 Filed 12/13/2007 Page 3 of 3
6. Other Matters.
DATED this l3th day of December, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
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BY; -¤*¥7+T ’ ;¤. I E; A
` "`“°`V" r“E eau§‘5fi§ “““""' "" j" l I
Assistant United States Attorney
3

Case 1:07-cr-00144-SLR

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