Case 1:06-cr-00001-SLR
Document 4
Filed 12/22/2005
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, Plaintiff, v. ANDRES ABARCA-SOLIS, Defendant. Crim. Act. No. 05-
/ V I M - MW
MOTION FOR DETENTION HEARING NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. ยง 3 142(e) and (f). In support of the motion, the United States alleges the following:
1. Eli~ibility Case. This case is eligible for a detention order because case of
involves (check all that apply):
- Crime of violence (18 U.S.C.
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
I
2. Reason For Detention. The court should detain defendant because there are no conditions of release which will reasonably assure (check one or both):
X Defendant's appearance as required
-Safety of any other person and the community
Case 1:06-cr-00001-SLR
Document 4
Filed 12/22/2005
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3. Rebuttable Presumption. The United States WILL NOT invoke the
rebuttable presumption against defendant under 5 3 142(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. 4 924(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
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
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.
X
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-00001-SLR
Document 4
Filed 12/22/2005
Page 3 of 3
6 . Other Matters.
DATED this 22nd
day of
December
I
,2005.
COLM F. CONNOLLY United States Attorney
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-pk--
BY:
Leonard P. Stark Assistant United States Attorney