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

. I Case 1 :07-cr-00094-SLR Document 7 Filed 07/02/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT I I _‘
FOR THE DISTRICT OF DELAWARE Jfnl i
UNITED STATES OF AMERICA, ) W 2`‘-=_ __ ` I
Plaintifij i if O-·H ` O`I`` I D```I'
v. i Criminal Action No. 07—94-UNA
FRANK FORCE KESTING, ) FILED UNDER SEAL
Defendant. )
y MOTION FOR DETENTION HEARING
NOW COIVIES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3142(e) and (i). In support of the motion, the United States alleges the
following:
1. Eligibilig; of Case. This case is eligible for a detention order because case
involves (check all that apply):
L Crime ofviolence (18 U.S.C. § 3156)
L Maximum sentence life imprisonment or death
L 10+ year drug offense
L Felony, with two prior convictions in above categories
L Minor victim
L Possession! use of firearm, destructive device or other dangerous weapon
L Failure to register under 18 U.S.C. § 2250
L Serious risk defendant will flee
L Serious risk obstruction of justice
p 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 Defendants appearance as required F I i. E D
L Safety of any other person and the community
JU!. E 201}/
i u s. mstmc c um ` i
DISTRICT DF DELAWARE _

1 Case 1:07-cr—00094-SLR Document 7 Filed 07/02/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL invoke the rebuttable
presumption against defendant under § 3142(e). (If yes) The presumption applies because
(check one or both):
L 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
offense (violations of 18 U.S.C. §§ 2252A(a)(1) & (a)(2)) 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
L_ After continuance of l_ 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):
l. At the time the offense was committed the defendant was:
____ (a) on release pending trial for a felony; p
_ (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.

Q Case 1:07-cr-00094-SLR Document 7 Filed 07/O2/2007 Page 3 of 3
6. Other Matters.
DATED this 2nd day of July 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY. . Efwge.
Christopher . Burke
Assistant United States Attorney