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

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintifi i
v. i Criminal Action No. 08-2 2- Sli
VALERIANO ORTIZ-FLORES, i
Defendant. g
MOTION FOR DETENTION HEARING
NOW COMES the United States and moves for the pretrial detention of the defendant,
pursuant to 18 U.S.C. § 3l42(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibilit; 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
___ Minor victim
_ Possession! use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
% Serious risk defendant will flee
____ Serious risk obstruction of justice

Case 1:08-cr—OOO22-SLR Document 5 Filed O4/O4/2008 Page 2 of 3
2. Reason For Detention. The court should detain defendant because there are no
conditions of relea e which will reasonably assure (check one or both):
Defendant's appearance as required
_ Safety of any other person and the community
3. Rebuttable Presumption. The United States will/will not invoke 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 ( I 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
RQ After continuance of Q_ days (not more than 3).
5. Temporary Detention. The United States request 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):
____ 1. At the time the offense was committed the defendant was:
3 (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 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—OOO22-SLR Document 5 Filed O4/O4/2008 Page 3 of 3
6. Other Matters.
Dated:
Respectfully submitted,
COLM F. CONNOLL
By:
Edmond Falgo sk`
Assistant United S es Attorney

Case 1:08-cr-00022-SLR

Document 5

Filed 04/04/2008

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Case 1:08-cr-00022-SLR

Document 5

Filed 04/04/2008

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Case 1:08-cr-00022-SLR

Document 5

Filed 04/04/2008

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