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, )
Plaintiff, g
v. { Criminal Action No. 07- 7 S. In
OMAR ANDREW BROWN, 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
1. Eligibility 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)
_____ Maximum sentence life imprisonment or death
__ 10+ year drug 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
i{_ 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):
L Defendants appearance as required -
_;_ Safety of any other person and the community

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3. Rebuttable Presumgtion. The United States will not invoke the rebuttable
presumption against defendant under § 3 l42(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 ( ) 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
__X__ After continuance of _I; 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 l0) 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;
__ (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-mj—OOO75 Document 3 Filed O4/20/2007 Page 3 of 3
6. Other Matters.
DATED this 20th day of April , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
Robert J. Prett 57 '
Assistant United States Attorney