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

Case 1:07-cr-00028-JJF Document 11 Filed 03/29/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT -
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) O p
Plaintiff, 3 i
v. g Criminal Action No. 07-28-JJF
JONATHAN L. EWELL, 3
Defendant. {
I 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. Eligibilig 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
O _\L 10+ year drug offense
___ Felony, with two prior convictions in above categories
___ Minor victim
_{ Possession! use of firearm, destructive device or other dangerous weapon O
__ Failure to register under 18 U.S.C. § 2250
JL Serious risk defendant will flee
___ Serious risk obstruction of justice

i Case 1:07—cr-00028—JJI5- Document 11 Filed 03/29/2007 Page 2 of 3
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 '
JL Safety of any other person and the community
3. iRebuttable Presumgtion. The United States will/will not invoke the rebuttable 3
presumption against defendant under § 3l42(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
__\!_ After continuance of _Z’;_ days (not more than 3).
5. Temporarv Detention. The United States request 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):
1. 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 pennanent
residence.
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Case 1:07-cr—OOO28-JJF Document 11 Filed O3/29/2007 Page 3 of 3
3. The defendant may flee or pose a danger to any other person or the
community.
6. Other Matters. y
_ DATED this 29th day of March , 2007.
Respectfully submitted, ‘
COLM F. CONNOLLY
. United States Attorney
By¤
Greg Welsh
Beth Moskow-Schnoll
Assistant United States Attorneys
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