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, )
V. g
JUAN CAREAJAL-MAGANA, i Crimmai Action N0. 07- {gypsy
Defendant. 3
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 (D. In 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 imprisonment or death
__ 10+ year drug offense
_ Felony, with two prior convictions in above categories
_ Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
A Serious risk defendant will tlee
_; 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 -1
__ Safety of any other person and the community F i ilg D
,___q§§l%‘€liEi‘?i‘Jl‘iE

Case 1:07-cr-00131-JJF Document 3 Filed 10/05/2007 Page 2 of 2
3. Rebuttable Presumption. The presumption applies because (check one or both):
_ Probable cause to believe defendant committed 10+ year drug offense or
fireannsoffense, 18 U.S.C. § 924(c)
_ Previous conviction for "eligible" offense committed while on pretrial bond
4. Time For Detention Heariug. The United States requests the court conduct the
detention hearing,
__ At first appearance `
L After continuance of i_ 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 pennanent
residence.
_ 3. The defendant may flee or pose a danger to any other person or the community.
DATED this 5th day of October , 2007.
p Respectfully submitted,
CO F # CONN . LY
Uni ed t • r
BY; I Kita
Lesl ' " V
Assistant » · d States Attorney

Case 1:07-cr-00131-JJF

Document 3

Filed 10/05/2007

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Case 1:07-cr-00131-JJF

Document 3

Filed 10/05/2007

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