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

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IN THE UNITED STATES DISTRICT COURT
4 FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
PlaintiffQ g
v. i Criminal Action No. 08-l 1M
MARTIN AMARO HERRERA, 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. § 3142(e) and (f). In support of the motion, the United States alleges the
following:
1. Eligibility of Case. This case is eligible for a detention order because case involves
(check all that apply):
_; Crime of violence (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
l ___ Failure to register under 18 U.S.C. § 2250
Serious risk defendant will flee ‘
___ Serious risk obstruction of justice -

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2. Reason For Detention. The court should detain defendant because there are no
conditions of release which will reasonably assure (check one or both):
Defenclant's appearance as required
___ Safety of any other person and the cormnunity
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 { ) with minor victim
__ Previous conviction for "e1igible" offense committed while on pretrial bond
4. Time For Detention Hearing. The United States requests the court conduct the
detention hearing,
__ At first appearance I
_X___ After continuance of j_ 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 I
notified since (check 1 or 2, and 3):
____ 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 S
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.

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6. Other Matters.
ae zi ”
DATED this day of 2008.
Respectfully submitted,
SQJM OLLY
` ( nited» tate! Attdin _.»· “
.___(_ V)Ir ~;.. ji} M / I " if-
, 3;/ A ·· r 0 a .//»a/' J , l u ....... eeev
u By: z I, J ls .... u.
Edmond Falgowski ‘
- Assistant United States Attorney

Case 1:08-mj-00011-UNA

Document 6

Filed 01/23/2008

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Case 1:08-mj-00011-UNA

Document 6

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Case 1:08-mj-00011-UNA

Document 6

Filed 01/23/2008

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