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

Case 1:07-po—OOOO3-l\/IPT Document 3 Filed O3/06/2B'6¢E£Pé§e cdmzd
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA; )
Plaintiff g
v. g Criminal Action No. 07- Po —·
ESVIN ROLANDO IMUL-LOPEZ §
Defendant. )
MOTION FOR DETENTION HEARINQ
NOW COMES the United States and moves fcr the pretrial detention of the defendant,
pursuant to 18 US.C. § 3l 42(e) and (O. Tn support ofthe motion, the United States alleges the
following:
l. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply):
__ Crime ofviolence (18 U.S.C. § 3l56)
___ Maximum sentence life imprisonment or death
_ lO+ year dmg 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 l 8 USC. § 2250
L Serious ris|< defendant will flee
_ Serious risk obstruction ofjustice
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 __ _ _L
_ Safety of any other person and the community .;- i
Q l _. P l
s i I l

Case 1:07-po—OOOO3-l\/IPT Document 3 Filed O3/06/2007 Page 2 of 3
3. Reliuttable Presumption. The United States WILL NOT invol rebuttable presumption against defendant under § 3 l42(e). (If yes) The presumption applies
because (check one or both):
__ Probable cause to believe defendant committed lO+ year drug offense or
Brearms offense, l8 U.S.C. § 924(c)
_ Previous conviction for "eligible" offense committed while on pretrial bond
4. Time For Detention Hearinp . The United States requests the court conduct
the detention hearing,
_ At Hrst appearance
__ After continuance of L days (not more than 3).
5. Temporary Detention. The United States request the temporary detention of
the defendant for a period ij; 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 ofthe 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 1:07-po-OOOO3—MPT Document 3 Filed O3/06/2007 Page 3 of 3
6. Other Matters.
DATED this 6th day of March , 2007.
Respectfully submitted,
COLM E. CONNOLLY
United States Attorney
B g f-P; ( *‘‘ T L: ........ T 5....-... _
H. Eisenstein
Assistant United States Attorney