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

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IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. l Criminal Action N0. 06-142
JUAN FRANCISCO FLORES-BARAHONA,
Defendant g
)
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3142(e) and (f). ln 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
‘ _ 10+ year drug offense
2 Felony, with two prior convictions in above categories
2 Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
L 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):
ig Defendant‘s appearance as required
___ Safety of any other person and the community

Case 1:06-cr-00142-JJF Document 5 Filed 01/11/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable 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)
- ___ 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, q
___ 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 ___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-cr—00142—JJF Document 5 Filed O1/11/2007 Page 3 of 3
DATED this ti i 1/A day 0f U-`mn {AGM/vg , 200;.
Respectfully submitted,
COLM F. CONNOLLY
United States Attemey
BY; /7/QS ;—»···_;——..__
lama H. Eisenstein
Assistant United States Attorney