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

Case 1:06-mj-00016-MPT

Document 4

Filed 01/27/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF DELAW

UNITED STATES OF AMERICA, Plaintiff, v. CARLOS JAVIER VELASQUEZ, 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. § 3142(e) and (f). In support of the motion, :he United States alleges the following:
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Eli~ibilitv Case. This case is eligible for a detention order because case involves of (check all that apply): Crime of violence (18 U.S.C.

5 3 156)

Maximum sentence life imprisonment or death 10+ year drug offense Felony, with two prior convictions in above categories

X

Serious risk defendant will flee Serious risk obstruction of justice
t

F I L E D
JAN 2 7 2006
U.S DISTRICT COURT DISTRICT OF DELAWARE ~.

Case 1:06-mj-00016-MPT

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Filed 01/27/2006

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2.

Reason For Detention. The court should detain def dant because there are no conditions of release which will reasonably assure (chec Defendant's appearance as required Safety of any other person and the community

t

Rebuttable Presum~tion.The United States (will /

presumption against defendant under $ 3142(e). (If ye ) The presumption applies because (check one or both): Probable cause to believe defendant committed id+ year drug offense or firearms offense, 18 U.S.C. $924(c)

4?u
6

i 1 no invoke the rebuttable

- Previous conviction for "eligible" offense cornmitt d while on pretrial bond

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4.

Time For Detention hear in^ . The United States req ests the court conduct the detention hearing, At first appearance

1

X

After continuance of

3

days (not more than 3).

5.

Tem~orarv Detention. The United States request the temporary detention of the defendant for a period of I

0 days (not more than 10) so .:hat the appropriate officials

can be notified since (check 1 or 2, and 3):
1. At the time the offense was committed the def dant was:

$r

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(a) on release pending trial for a felony;

Case 1:06-mj-00016-MPT

Document 4

Filed 01/27/2006

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(b) on release pending imposition or ex< ution of sentence, appeal of sentence or conviction, or corn1 =tionof sentence for an offense;

(c) on probation or parole for an offense

d

2. The defendant is not a citizen of the U.S. o lawfully admitted for

permanent residence.

'f 3. The defendant may flee or pose a danger to . ly other person or the
community. Other Matters.

By:

k
Feq w. m , Ass tant Unit d States Attorney $