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

Case 1:07-mj-00169

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Filed 08/29/2007

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I THE UNITED STATES DISTRICT COURT N
FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. JOHN GRAMLICH, Defendant.

) ) ) ) ) ) ) ) )

Criminal Action No. 07- ,+449/)jl

MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant, pursuant to 18 U.S.C. following:

5 3142(e) and (f).

In support of the motion, the United States alleges the

1.

Eli~ibilitv Case. This case is eligible for a detention order because case invoives of

(check all that apply): Crime of violence (1 8 U.S.C. 5 3 156) Maximum sentence life imprisonment 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 Failure to register under 18 U.S.C. 5 2250

X

Serious risk defendant will flee Serious risk obstruction of justice

Case 1:07-mj-00169

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2.

Reason For Detention. The court should detain defendant because there are no

conditions of release which will reasonably assure (check one or both):

2! !z
3. one or both):

Defendant's appearance as required Safety of any other person and the community

Rebuttable Presumption. The United States will/will not invoke the rebuttable

presumption against defendant under 8 3 142(e). (If yes) The presumption applies because (check

Probable cause to believe defendant committed

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

X
5.

After continuance of 3

days (not more than 3).

Temporarv Detention. The United States request the temporary detention of the days (not more than 10) so that the appropriate officials can be

defendant for a period of

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.

Case 1:07-mj-00169

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Filed 08/29/2007

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6. Other Matters.

DATED this

,2007.

Respectfblly submitted,