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

Case 1 :06-mj-00153-IVIPT Document 3 Filed 12/19/2006 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. 3 Criminal Action No. 06- }53M
MIGUEL BALMACEDA-VASQUEZ, 3
Defendant. g
MOTION FOR DETENT ION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3142(e) and (Q. In support of the motion, the United States alleges the
following:
1. 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
;_ 10+ year drug offense
;_ Felony, with two prior convictions in above categories
__ Minor victim
?_ Possession/ use of tireann, 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 bo . F I L E D
_; Defendant's appearance as required
__ Safety of any other person and the community
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Case 1:06-mj-00153—IV|PT Document 3 Filed 12/19/2006 Page 2 of 3
3. Rebuttable Presumption. The United States WTLL NOT 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), 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
__L 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:
__ (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 1:06-mj-00153—IV|PT Document 3 Filed 12/19/2006 Page 3 of 3
6. Other Matters.
DATED this 19th day of December , 2006.
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY; -M
Christopher J. Burk
Assistant United States Attorney