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

‘ I‘I'Case 1 :07-cr-00134-SLR Document 7 Filed 10/16/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Criminal Action No. 07-134-UNA K
MARQUES COMER, g .
Defendant. g . i
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. § 3l42(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibilig of Case. This ease is eligible for a detention order because case
involves (check all that apply):
_ __ Crime of violence (18 U.S.C. § 3156) ‘ i
____ Maximum sentence life imprisonment or death
___ 10+ year drug offense
__ Felony, with two prior convictions in above categories
_____ Minor victim
__,X__ Possession! 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):
___)g__ Defendant's appearance as required
_}g_ Safety of any other person and the community

Case 1 :07-cr-00134-SLR Document 7 Filed 10/16/2007 Page 2 of .3
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3. Rebuttable Presumption. The United States will/ oke the
rebuttable presumption against defendant under "§ 3l42(e). (If yes) The presumption applies l
because (check one or both): `
___ Probable cause to believe defendant committed 10+ year dmg offense or
firearms offense, 18 U.S.C. § 924(c), or a federal crime of terrorism, or a specified
offense ( l with minor victim i
__ 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 T
__X__ After continuance of _;_ days (not more than 3).
5 . Temporary Detention. The United States request the temporary detention of j
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: 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 ofthe U.S. or lawfully admitted for permanent V
residence.
___ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:07-cr-00134-SLR Document 7 Filed 10/16/2007 Page 3 of 3
6. Other Matters. _
DATED this [G10 day of ULWM ,2001.
Respectfully submitted,
COLM F. Cf OLLY 1
United Sta ’ omey .
BY: , i
Ass tU11ited States Attemey
1

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