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

Case 1:07-po—OOOO4-l\/IPT Document 3 Filed O3/15/20@fE§i)1 OPEN COOK'-
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, 3
v. g Criminal Action No. 07- O'-1 I0 D
JULIO BAUTISTA-TAX, g
Defendant. g
l 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:
1. 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)
____ Maximum sentence life imprisonment or death
__ 10+ year drug offense
_ Felony, with two prior convictions in above categories
_ Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
A Serious risk defendant will flee
___ Serious risk obstruction of justice p
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
A Defendant's appearance as required ` .-.--..-_...- ..}_-..._
___ Safety of any other person and the community { i
1 l C
is .,, at _ owl l
zi? tei“¥ I

Case 1:07-po—00004-|\/IPT Document 3 Filed 03/15/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under § 3 l42(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)
__ 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,
r __ At first appearance
L After continuance of ; days (not more than 3).
5. Temporary 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):
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-po—00004-|\/IPT Document 3 Filed 03/15/2007 Page 3 of 3
6. Other Matters. _
DATED this 15th day of March , 2007.
1 Respectfully submitted,
COLM ONNOLLY
U ` St es Attorney
BY;
Edmond Falgowski
Assistant United State ttomey n