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

Case 1 :07-cr—00026-SLR Document 4 Filed 02/14/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
> . . .
v. ) Criminal Action No. {fi- ff * Ec vi/x
EARL N. WALLACE, l
Defendant. 3
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 142(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
2 10+ year drug offense
__ Felony, with two prior convictions in above categories
Q dangerous weapon; or failure to register under 18 U.S.C. § 2250
__ Serious risk 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):
_l_ Defendant's appearance as required _,..,LH..- ~.._.-
_l_ Safety of any other person and the communitylpi i·;L;—--E D 1
{FEB l
5 ___1 a

Case 1:07-cr—OOO26-SLR Document 4 Filed O2/14/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL invoke the rebuttable
presumption against defendant under § 3142(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)
3 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
g<__ 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 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:
i (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;
i (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-cr—OOO26-SLR Document 4 Filed O2/14/2007 Page 3 of 3
6. Other Matters.
DATED this 1§ th day of February , 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
“s to
BY; ` '`‘t--. L-J
Shannon T. I anson V
` ‘‘··- Assistant United States Attorney