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

Case 1 :07-cr-00074—GlV|S Document 9 Filed 06/28/2007 Page 1 of 3
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_ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. i Criminal Action No. 07-74-GMS
ELVIN G. DEMZPSEY, A 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. § 3142(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibiligg of Case. This case is eligible for a detention order because case
involves (check all that apply):
__ Crime ofviolence (18 U.S.C. § 3156)
__ Maximum sentence life imprisonment or death
L 10+ year dfllg offense
__ Felony, with two prior convictions in above categories
___ Minor victim
_X_ Possession! use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
L Serious risk defendant will flee if released from all custody
_ 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):
L Defendants appearance as required
L Safety of any other person and the community

Case 1 :07-cr-00074—GIV|S Document 9 Filed 06/28/2007 Page 2 of 3
_ 3. Rebuttable Presumption. The United States will invoke the rebuttable .
presumption against defendant under § 3 l42(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 ( ) 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):
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-cr-00074-GIVIS Document 9 Filed 06/28/2007 Page 3 of 3
_, 6. Other Matters.
DATED this 28th day of June, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
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S -l- Assistant United States Attorney