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

Case 1 :07-mj-00062-IVI PT Document 5 Filed O4/O4/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
UNITED STATES OF AMERICA, i) _
Plaintiff, g
v. l g Criminal Action No. 07- Qy2__M, MFTH H
EDWARD ROE, g · I
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 (O. In support ofthe 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): H I
· _g<_ Crime ofviolence (18 U.S.C. § 3156)
‘ l é Maximum sentence life imprisonment or death l U
. %_ 10+ year drug offense ‘
H ___ Felony, with two prior convictions in above categories
_)Q_ Minor victim `
% Possession! use of firearm, destructive device or other dangerous weapon H
i Failure to register under 18 U.S.C. § 2250
%_ Serious risk defendant will flee _
I . __ Serious risk obstruction ofjustice A
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
__ Defendants appearance as required li i- ii, T i. in U _
_ Safety of any other person and the community T I

Case 1:O7—mj-OO062—lV|PT Document 5 Filed O4/O4/2007 Page 2 of 3
3. Rebuttable Presumption. The United States VVILL invoke the rebuttable
presumption against defendant under § 3142(e). (lf yes) The presumption applies because
(check one or both): ` U
A 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 (violation of 18 U.S.C. §§ 2252(a)(2) & 2252A(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, » V r _ -
_ At first appearance _ U
A After continuance of ;__ 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:
l _ (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.
i 2. The defendant is not a citizen of the U.S. or lawfully admitted for permanent
_ residence. l _ _
_” 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:O7—mj-OO062—IV|PT Document 5 Filed O4/O4/2007 Page 3 of 3 A
6. Other Matters.
A DATED this day of [lj , 200l. A
Respectfully submitted,
. COLM F. CONNOLLY . A
United States Attomey 3
BY. C%d; é. E1/1A%/a _
_ Christopher J. Burke
Assistant United States Attorney