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

_ Case 1:05-cr-00031—Gl\/IS Document 7 Filed 06/07/2005 Page 1 of 3
i F I L E D Pteti in ceerjf °’i1[¤ S
i Q IN THE UNITED STATES DISTRICT corner
5 FOR TI-IE DISTRICT OF DELAWARE
_ _ O .
UNITED STATES OF AMERICA, )
Plaintiff] )
v. ) Ne. 05-31- GMS
JOSE LUIS VASQUEZ-JUAREZ )
Defendant. )
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention ofthe defendant, pursuant
to 18 U.S.C. §3 l42(e) and (t`). In support ofthe motion, the United States alleges the following:
.1. Eligibilitv of Case. This case is eligible for a detention order because case involves
(check all that apply):
__ Crime ofviolence (18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
_ 10+ year drug offense
_ Felony, with two prior convictions in above categories
L Serious risk defendant will flee .
_ Serious risk obstruction ofjustice
2. Reason For Detention. The court should detain defendant because there are no
conditions of release which will reasonably assure (check one or both):

lg Case 1:05-cr-00031—Gl\/IS Document 7 Filed 06/07/2005 Page 2 of 3
_)L Defendants appearance as required
L Safety of any other person and the community ,
3. Rebuttable Presumption. The United States (will, g) invoke the rebuttable
presumption against defendant under §3l42(e). (If yes) The presumption applies ° .
because (check one or both): l _
_ 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
L After continuance ML days (not more than 3).
5. Temporary Detention. The United States requests the temporary detention of the
defendant for a period of___days (not more than 10) so that the appropriate officials can
be notified since:
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
ofsentence or conviction, or completion ofsentence for an offense;
_ (c) on probation or parole for an offense.

Case 1:05-cr-00031—Gl\/IS Document 7 Filed 06/07/2005 Page 3 of 3
2. _ The defendant is not a citizen ofthe U.S. or lawfully admitted for permanent
residence.
3. _ The defendant may flee or pose a danger to any other person or the community.
6. Other Matters.
DATED this 7th day of June, 2005.
COLM F. CONNOLLY
U n i t€ • ,_£=·#_g y
Ferris . Wharton
Assista tUnited States Attorney