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

Case 1 :08-cr-00081-JJF Document 6 Filed 08/1 1/20¢§L.@gb•`*l
` yin hy
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 08-81-.lJF
GABRIEL CASTANEDA—SICARDO, )
Defendant. )
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention ofthe defendant,
pursuant to 18 U.S.C. § 3l42(e) and (i). In support ofthe motion, the United States alleges the
following:
l. Eligibility of Case. This case is eligible for a detention order because case
involves (check all that apply):
_ Crime ofviolence (l8 U.S.C. § 3156)
___ Maximum sentence life imprisonment or death
t 10+ year drug offense
L Felony, with two prior convictions in above categories
; Minor victim
_ Possession/ use of lirearm, destructive device or other dangerous weapon
i Failure to register under 18 U.S.C, § 2250
i 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 (cheek one or both):
__>__§_ Defendants appearance as required F | |_ D
A Safety of any other person and the community
. AUG l l 2033 I

Y Case 1 :08-cr-00081-JJF Document 6 Filed 08/11/2008 Page 2 of 3
i»\~
3. Rebuttable Presumption. The United States will/linvoke the rebuttable
presumption against defendant under § 3 l42(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. § 924(c), or a federal crime of terrorism, or a specified
offense ( ) 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 10) 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;
____ (c) on probation or parole for an offense.
_ 2. The defendant is not a citizen ofthe U.S. or lawfully admitted for pemianent
residence.
_ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1 :08-cr-00081-JJF Document 6 Filed 08/11/2008 Page 3 cf 3
6. Other Matters.
DATED this 1 lth day 0f August , 2008.
Respectfully submitted,
COLM F. CONNOLLY
United States Attcmey
BY; (fl
Joh . Snyder
Ass tant Unite tates Attorney

Case 1:08-cr-00081-JJF

Document 6

Filed 08/11/2008

Page 1 of 3

Case 1:08-cr-00081-JJF

Document 6

Filed 08/11/2008

Page 2 of 3

Case 1:08-cr-00081-JJF

Document 6

Filed 08/11/2008

Page 3 of 3