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

" “` Case 1 :07-cr-00068-JJF Document 4 Filed O4/25/2007 Page 1 of 3 F
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) A _
Plaintiff, g
v. g Criminal Action No. 07- @5;/l, lvl my
WADE GRAY, 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. § 3 l42(e) and (D. 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):
_ Crime of violence (18 U.S.C. § 3156)
__ Maximtun sentence life imprisonment or death
__ 10+ year dwg 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
__ Serious risk obstruction of j ustice
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 Defendant's appearance as required
L Safety of any other person and the commtmity

` “ Case 1 :07-cr-00068-JJF Document 4 Filed O4/25/2007 Page 2 of 3 S
3. Rebuttable Presumption. The United States will not invoke the rebuttable
presumption against defendant under § 3142(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), 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
A After continuance of _j>___ days (not more than 3).
i 5. Temporary Detention. The United States requests the temporary detention of
the defendant for a period of _jdays (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;
1 (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.
1 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-00068-JJF Document 4 Filed O4/25/2007 Page 3 of 3
6. Other Matters.
DATED this 25th day of April , 2007.
Respectfully submitted,
· COLM F. CONNOLLY
United States Attorney
BY:
obert J. Pret an
Assistant Unit d States Attorney