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

Case 1 :07-cr-00127-SLR Document 8 Filed O9/27/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )· i
Plaintiff g
v. g Criminal Action No. 07-127-SLR
SHAWN D. CUFF, g g
Defendant. g X
MOTION FOR DETENTION HEARING
t
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: _ i
1. 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) I
J(__ Maximum sentence life imprisonment or death
__)i_ 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
i *_ Failure to register under 18 U.S.C. § 2250
_QL 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):
j_(_ Defendants appearance as required F I L E D"""·"·
_X__ Safety of any other person and the community
IJ
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Case 1:07-cr-00127-SLR Document 8 Filed O9/27/2007 Page 2 of 3
3. Rebuttable Presumption. The United States will/will not invoke the l
rebuttable presumption against defendant under § 3 l42(e). (If yes) The presumption applies
because (check one or both):
_X__ 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 Q
offense l l with minor victim
_ Previous conviction for "eligible" offense committed while on pretrial bond R
4. Time For Detention Hearing. The United States requests the court conduct P
the detention hearing,
__ At first appearance I lg
A 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 I F
be notified since (check 1 or 2, and 3):
1. At the time the offense was corrnnitted the defendant was:
___ (a) on release pending trial for a felony; I
___ (b) on release pending imposition or execution of sentence, appeal it
of sentence or conviction, or completion of sentence for an offense; '
___ (c) on probation or parole for an offense. i
__ 2. The defendant is not a citizen of the U.S. or lawfully admitted for permanent _ _
residence. · I
__ 3. The defendant may flee or pose a danger to any other person or the community.
I
T i
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Case 1:07-cr-00127-SLR Document 8 Filed O9/27/2007 Page 3 of 3
6. Other Matters. l
` DATED this day of ` , 2007. .
i
. Respectfully submitted, <
. i
COLM F. C NNOLLY l
United Stat s Attemey
BY: i
Shaw" . eede t
Assist tU `ted States Attorney Y
\ Z
. x i
` i

Case 1:07-cr-00127-SLR

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