Free Motion for Pretrial Detention - District Court of Connecticut - Connecticut

Case 3:02-cr-00004-AWT

Document 138

Filed 02/11/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. : : : : : : CRIM. NO. (DFM)

JOSE TIRADO a.k.a "Chucho"

FEBRUARY 11, 2005

GOVERNMENT'S MOTION FOR PRETRIAL DETENTION Pursuant to Title 18, United States Code, Sections 3142(e) and (f), the Government hereby requests that the defendant be ordered detained prior to trial. I. Eligibility of Case This case is eligible for pretrial detention because it involves: ___ a crime of violence as defined in Title 18, United States Code, Section 3156; ____ an offense for which the maximum sentence is life

imprisonment or death; _X__ an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled

Substances Act (21 U.S.C. §801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or section 1 of the Act of September 15, 1980 (21 U.S.C. §955a); _____ any felony committed after the defendant has been

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convicted of two or more of the prior two offenses or two or more State or local offenses that would have been one of the prior two offenses if a

circumstance giving rise to Federal jurisdiction had existed; _____ _____ a serious risk that the defendant will flee; and/or a serious risk that the defendant will obstruct or attempt to obstruct justice, or threaten injure, or intimidate, or attempt to threaten, injure, or

intimidate, a prospective witness or juror. II. Reason for Detention The court should detain defendant because there are no

conditions of release which will reasonably assure: _x__ ____ the defendant's appearance as required; and/or the safety of any other person and the community.

III. Rebuttable Presumption The Government will invoke the rebuttable presumption against the defendant under Title 18, United States Code, Section 3142(e). The presumption applies because: _____ the defendant has been convicted of a Federal

offense described in Title 18, United States Code, Section 3142(f)(1) or of a State or local offense that would have been an offense described in

Section 3142(f)(1) if a circumstance giving rise to Federal jurisdiction had existed;

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_____

an offense described in Title 18, United States Code, Section 3142(e)(1) was committed while the defendant was on release pending trial for a

Federal, State, or local offense; and _____ a period of not more than five years has elapsed since the date of conviction, or the release of the defendant from imprisonment, for an offense

described in Title 18, United States Code, Section 3142(e)(1), whichever is later; or __X__ there is probable cause to believe that the

defendant committed an offense for which a maximum term of imprisonment of ten years or more is

prescribed in the Controlled Substances Act (21 U.S.C. §801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. §951 et seq.), section 1 of the Act of September 15, 1980 (21 U.S.C. 955a), or an offense under section 924(c) of Title 18 of the United States Code.

Case 3:02-cr-00004-AWT

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IV.

Time for Detention Hearing The Government requests that the court conduct the detention

hearing: _____ __X___ at the defendant's first appearance; after a continuance of three days. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

S. DAVE VATTI ASSISTANT U.S. ATTORNEY Federal Bar No. CT11957 450 Main Street Hartford, CT 06103 (860) 947-1101 CERTIFICATION OF SERVICE This is to certify that the within and foregoing has been hand delivered this 11th day of February, 2005 to: Counsel of Record

___________________________________ S. DAVE VATTI ASSISTANT UNITED STATES ATTORNEY