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, I )
Plaintifrf i g
v. g Criminal Action No. 07- I 23 M [M PTD
KWAN MILLER, aka KENNETH MILLER, )
. 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: -
l. Eligibilig of Case. This case is eligible for a detention order because case
p involves (check all that apply): ._.. ,., _,
_ cams Orvreiam (18 usc. § 3156) V ‘.—‘ ....... W
__ Maximum sentence life imprisonment or death JU il Q Elm?
—- 10+ YGM dwg °ff"“S‘“’ s
_ . . . . . -·`.
__ Felony, with two prior convictions in above categories
_ Minor victim
_X_ Possession! use of firearm, destructive device or other dangerous weapon
W; Failure to register under 18 U.S.C. § 2250
i L 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):
_§_(___ Defendants appearance as required
A Safety of any other person and the community

Case 1:07-cr-00111-JJF Document 3 Filed 07/19/2007 Page 2 of 3
3. Rebuttable Presumption. The United States will not invoke the rebuttable
presumption against defendant under § 3 l42(e). (lf yes) The presumption applies because
(check one or both): l
_ Probable cause to believe defendant committed 10+ year dwg 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 continuance of j___ days (not more than 3).
l 5. Temporary Detention. The United States requests the temporary detention of
‘ the defendant for a period of _jdays (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. l
__ 2. The defendant is not a citizen ofthe 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-cr-00111-JJF Document 3 Fi_|ed 07/19/2007 Page 3 of 3
6. Other Matters. ‘
DATED this 19th day of July, 2007.
_ Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
r""'“ ll " n
BY; A n · .
artin Meltzer Y
Special Assistant United States Attorney