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

Case 1 :05-cr-00107-SLR Document 30 Filed 10/11/2007 Page 1 of 1
_ IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
A UNITED STATES OF AIVIERICA, ) I
Plaintiff, g I
; v. g Criminal Action No. 05-107-SLR
MICHAEL HENRY, g
` Defendant. g `
. - MOTION FOR DETENTION
l NOW COMES the United States and moves for the detention of the defendant, Michael `
Henry, pursuant to 18 U.S.C. §§ 3l43(a) and 3583(e), and Federal Rules of Criminal Procedure
32.l(a)(6) and 46(d), pending a hearing on the violation of supervised release petition. This
written motion follows a oral motion to the same effect, which the government made in open
_ court today during the defendant’s initial appearance in this matter. _
In support of the motion, the United States alleges that the defendant poses a danger to
the community, a risk of non-appearance and cannot meet his burden of proving, by clear and
_ convincing evidence, that he is not likely to pose a risk of flight or danger to the community if
l released, The United States further alleges that the defendant cannot demonstrate that he is able
to abide by any condition or combination of conditions of release. `
The government understands that, in light of the defendant’s decision not to contest the
n . government’s motion, the Court will issue its own detention order in the near future. Therefore,
the government has not appended a proposed order to this motion. _
l Respectfully submitted, . _ _ _
COLM F. CONNOLLY
United States Attomey
_ BY: /s/ Christopher J. Burke 3
Christopher J . Burke ‘
Assistant United States Attorney
l U Dated: October ll, 2007 _ A A