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

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) 0
Plaintiff, )
v. ) Criminal Action No. 07- I5N\
RAFAEL SANTIAGO, )
Defendant. )
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 (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 of violence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death l
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
___ Failure to register under 18 U.S.C. § 2250
_ Serious risk defendant will flee
_ Serious risk obstruction of justice
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
L Safety of any other person and the community

Case 1:07-cr—OOO14-SLR Document 4 Filed O1/29/2007 Page 2 of 3
3. Rebuttable Presumption. The United States will/will not invoke the
rebuttable presumption against defendant under § 3l42(e). (If yes) The presumption applies
because (check one or both):
L 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 ( 1 with minor victim
L 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,
L At first appearance
L After continuance of L days (not more than 3).
5. Temporagy Detention. The United States request the temporary detention of
the defendant for a period of Ldays (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;
L (b) on release pending imposition or execution of sentence, appeal
of sentence or conviction, or completion of sentence for an offense;
L (c) on probation or parole for an offense.
L 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.
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Case 1:07-cr-00014-SLR Document 4 Filed O1/29/2007 Page 3 of 3
6. Other Matters.
DATED this @ day of January, 2007.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: Q
Douglas . McCann
Assistant United States Attorney