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, )
Plaintifi » ) n
v. ) Criminal Action No. 07- /5-//77
TYR]I< SPENCER, )
Defendant. )
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 ofthe motion, the United States alleges the
following: C A
1.. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply):
_ Crime of violence (18 U.S.C. § 3156) it rimérrgw
_ Maximum sentence life imprisonment or death AUG ] 6 QQUY
_ 10+ year drug offense UB. DIS_mT&_6Ci§?_i
_ Felony, with two prior convictions in above catego ` D|SE.l>iQI.E]£DELAl'VARE
_ Minor victim
_X_ Possessionf use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
_; Serious risk defendant will flee
_ Serious risk obstruction of justice
A 2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
A Defendant's appearance as required
i A Safety of any other person and the community
l
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Case 1:07-mj-00151 Document 4 Filed 08/15/2007 Page 2 of 3
3. Rebuttable Presumption. The United States will not invoke the rebuttable
presumption against defendant under § 3l42(e). (lf yes) The presumption applies because
(check one or both):
___ Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, l-S 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
i(_ After continuance of _§_ days (not more than 3).
5. Temporary Detention. The United States requests 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.

Case 1 :07-mj-00151 Document 4 Filed 08/15/2007 Page 3 of 3
6. Other Matters.
DATED this l5th day of August, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: ·
Martin Meltzer
Special Assistant United ates Attorney