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

Case 1:05-cr-00108-GMS

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Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE UNITED STATES OF AMEFUCA, Plaintiff, v. Crim. Act. No. 05-108

AND&S VALLEJO-MART~NEZ
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. following: 1. Eli~ibilitv Case. This case is eligible for a detention order because case of involves (check all that apply):

4 3 142(e) and (f). In support of the motion, the United States alleges the

X -

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 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):

X

Defendant's appearance as required Safety of any other person and the community
*

DEC 2 2 2
Dl3TRICT OF DEMWARE
U.S. DBTR1CT CflURT

Case 1:05-cr-00108-GMS

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3. Rebuttable Presum~tion.The United States WILL NOT invoke the
rebuttable presumption against defendant under $ 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. 5 924(c)

-Previous conviction for "eligible" offense committed while on pretrial bond
4. Time For Detention hear in^. The United States requests the court conduct the detention hearing,

-At first appearance
X After continuance of 3
days (not more than 3).

5. TernPoraw 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 lawhlly admitted for permanent
residence.
3. The defendant may flee or pose a danger to any other person or the community.

Case 1:05-cr-00108-GMS

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Filed 12/22/2005

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6 . Other Matters.

DATED this 22nd

day of

December

,2005.

Respectfully submitted, COLM F. CONNOLLY United States Attorney

BY: C h s t o ~ k e j. Burke I r ~ s s i s t kUnited stated Attorney t