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, ) _
_ PlaintiffQ g l
v. g Criminal Action No. 07- liq lu
ALF ONSO TREIO—PONCE, g
Defendant. g
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 of the motion, the United States alleges the
following:
l. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply): ‘ _____ I-__T__
___ Crime of violence (18 U.S.C. § 3156) l ..... _ ii
___ Maximum sentence life imprisonment or death
___ 10+ year drug offense iz. buf
__ Felony, with two prior convictions in above
l ___ Minor victim; possession or use of firearm, destructive device or other
I dangerous weapon; or failure to register under 18 U.S.C. § 2250
g<__ Seiious risk defendant will flee
___ Serious risk obstruction of justice
2. Reason For Detention. The court should detain defendant because there are
` I no conditions of release which will reasonably assure (check one or both):
__L Defendant's appearance as required
___ Safety of any other person and the community

I _ Case 1:07-mj—00119—MPT Document 3 Filed 06/29/2007 Page 2 of 3 _
` 3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3 142(e). (lf yes) The presumption applies
because (check one or both):
___ Probable cause to believe defendant committed 10+ year drug offense or
firearms offense, 18 U.S.C. § 924(c)
__ 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, I
___ At first appearance - - L
_)g_ After continuance of AL days (not more than 3). -
5. Temporary Detention. The United States request the temporary detention of
the defendant for a period of L 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.
_X__ 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. e

A Case 1:07-mj—00119—MPT Document 3 Filed 06/29/2007 Page 3 of 3
6. Other Matters. - I
DATED this 29th day of June , 2007.
Respectfully submitted,
COLM F. CONNOLLY I
. United States Attemey
BY: "J"‘/K,
RODBIT F. Krave
Assistant United Stat emey