Case 1 :08-cr-001 12-JJF Document 6 Filed 08/07/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff`, i
v. i Criminal Action No. 08-112
JOSHUA D. TARBURTON, i
Defendant. i
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3 l42(e) and (f). In support ofthe motion, the United States alleges the
following:
1. Eligibilig of Case. This case is eligible for a detention order because case
involves (check all that apply):
_ Crime ofvio1ence(18 U.S.C. § 3156)
_ Maximum sentence life imprisonment or death
_ 10+ year drug offense
_ Felony, with two prior convictions in above categories
_ Minor victim
YXg Possession/ use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
A 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)T·r~···r§—··i· " é‘“"D*"""â€â€˜â€"""•
A Defendants appearance as required g {“`“â€â€˜â€œ`°‘"‘°‘""""""“"“T"
A Safety of any other person and the community AUG ‘ Y 2038 E \
L
..- ...,-2
Case 1 :08-cr-00112-JJF Document 6 Filed 08/07/2008 Page 2 of 3
3. Rebuttable Presumption. The United States will invoke the rebuttable
presumption against defendant under § 3 l42(e). (lf 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. § 924(c), or a federal crime of terrorism, or a specified
offense ( t with minor victim
__ 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
A After a continuance of L 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 l0) so that the appropriate officials can
be notified since (check 1 or 2, and 3):
l. 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;
_ (e) on probation or parole for an offense.
_ 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 :08-cr—00112-JJF Document 6 Filed 08/07/2008 Page 3 of 3
6. Other Matters.
DATED this 7th day of Auggust , 2008.
Respectiiilly submitted,
COLM F. CONNOLLY
United States Attorney
BY: ( ·
J C. Snyder
A istant Unite States Attorney
Case 1:08-cr-00112-JJF
Document 6
Filed 08/07/2008
Page 1 of 3
Case 1:08-cr-00112-JJF
Document 6
Filed 08/07/2008
Page 2 of 3
Case 1:08-cr-00112-JJF
Document 6
Filed 08/07/2008
Page 3 of 3