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

Case 1 :07-mj—OO253—UNA Document 4 Filed 12/21/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, l
v. g Criminal Action No. 07- 3 93 ·/44
ANTONIO MAGAN A, l
Defendant. 3 0
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 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 ofviolence (18 U.S.C. § 3156) it i E D
__ Maximum sentence life imprisonment or death DEC 2 1 mw _ i
i_(__ 10+ year drug offense uk i
___ Felony, with two prior convictions in above catego air
___ Minor victim
__ 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 of justice
2. Reason For Detention. The court should detain defendant because there are
no conditions of release which will reasonably assure (check one or both):
L Defendant's appearance as required
__)g_ Safety of any other person and the community

case 1 :07-mj—OO2S3—UI\lT°i f>i>euhiéKiZ._Fil'édliz/a1]éoo7m HF$aQ.éEJs—i i
3. Rebnttable Presumption. The United Stat ill not invoke the
rebuttable presumption against defendant under § 3 1 42(e). (If yes) The presumption applies
because (cheek 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
0 ` __ 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
_}g_ After continuance of _;__ 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):
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 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 1:07-mj—OO253—UNA Document 4 Filed 12/21/2007 Page 3 of 3
6. Other Matters. A
MO E ig Q
DATED this QQ day of - 2007.
_ Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
BY: '
obert J. Pret an
Assistant United States Attorney

Case 1:07-mj-00253-UNA

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