Case 1 :06-mj-00151-IVIPT Document 3 Filed 12/12/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff; i
v. g Criminal Action No. 06- /57*/I
HECTOR SOTO, )
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 (1). 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): F I L E
__ Crime ofviolence (18 U.S.C. § 3156) F ll 2
1*;... i i
__ Maximum sentence life imprisonment or death ———I
___ 10+ year drug offense F
___ Felony, with two prior convictions in above categories HU"-mm--M
__ Minor victim; possession or use of firearm, destructive device or other
dangerous weapon; or failure to register under 18 U.S.C. § 2250
A 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):
_;_ Defendant's appearance as required
__ Safety of any other person and the community
Case 1:06-mj-00151—IV|PT Document 3 Filed 12/12/2006 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,
__ At first appearance
A 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):
l. 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-00151—lV|PT Document 3 Filed 12/12/2006 Page 3 of 3
6. Other Matters.
DATED this 12th day of December , 2006.
Respectfully submitted,
COLM F. CONNOLLY
United States Attomey
/·‘ V 'I ·" O
BY: -· . F·· a -· { l`·1/-» --
Soihie . Biyan I
Assistant United States Attorney