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

_ Case 1 :07-mj-00025-IVIPT Document 4 Filed O2/07/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff 3
v. g Criminal Action N0. 07- as M
GARFIELD KIRK ATKINS g
a.k.a. Gary Atkins )
a.k.a. Gary Atkinson )
a.k.a. Henry Mitchell )
Defendant. g
MOTION FOR DETENTION PENDING TRANSFER
NOW COMES the United States and moves for the detention of the defendant pending
his transfer to the Southern District of Iowa pursuant to 18 U.S.C. § 3142(e) and (f) and Rule
5(c)(3) ofthe Federal Rules of Criminal Procedure. In support of the motion, the United States
A 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
é 10+ year drug offense
_ Felony, with two prior convictions in above categoiies
_ Minor victim
_ Possession! use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
A Serious risk defendant will flee
_ Serious risk obstruction of justice

Case 1:07-mj-00025-IVIPT Document 4 Filed O2/07/2007 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 Defendant‘s appearance as required
L Safety of any other person and the community
y 3. Rebuttable Presumption. The United States @/will not invoke the
rebuttable presumption against defendant under § 3142(e). (If yes) The presumption applies
‘ because (check one or both):
_Q(___ 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
A After continuance of _3_ 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:
; (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-mj—OOO25—MPT Document 4 Filed O2/07/2007 Page 3 of 3
6. Other Matters.
DATED thisZ_ day or February 2007
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
{ `l
BY: · [ Q
Douglas CCElI'Ll’1
Assistant United States Attorney