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

"` I I _ Qggumemguffilewxh 8/@073*195QE I ef 3
{/5 1
0 R I GI N A L
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, S
v, Magistrate Case No. 07- 0 Sr F0
JOSE MANUEL ROA-BELMONTE,
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. § 31-42(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): __...... _, .... . . . . . . . _... .
_ Crime ofviolence (18 U.S.C. § 3156) -.... . _.., ,
_ 10+ year drug offense . ..... .. . ,...... I .... .. -. ..._
_ Felony, with two prior convictions in above categori ...._ ,_ ....
__ Minor victim
_ Possession! 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
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
QL Defendants appearance as required
_ Safety of any other person and the community

Case 1 :07-po-00005-IVIPT Document 3 Filed 06/18/2007 Page 2 of 3
3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3142(e). (If 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), or a federal crime of terrorism, or a specified
offense { I with minor victim
n _ 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. Temporag 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
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-po-00005-MPT Document 3 Filed 06/18/2007 Page 3 of 3
6. Other Matters.
DATED this 18th day of June, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
Douglas . McCann
Assistant United States Attorney