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

Case 1 :07-cr-00097-SLR Document 6 Filed 07/02/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT U
FOR THE DISTRICT OF DELAWARE li
UNITED STATES OF AMERICA, ) ___ `.J r
Plaintiff g i iiiii I `7`‘ in
v. ) Criminal Action No. 07-97-UNA
PAUL JOSEPH BENOIT, JR., g FILED UNDER SEAL
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. Eligibility of Case. This case is eligible for a detention order because case y
involves (check all that apply): __
A Crime ofviolence (18 U.S.C. § 3156) F I L E U
_ Maximum sentence life imprisonment or death
_ 10+ year drug offense
U.S. DISTRICT COURT
_ Felony, with two prior convictions in above categorie Dl§·.L;P.Ql,9.f. DELAWARE
L Minor victim
_ Possession! use of firearm, destructive device or other dangerous weapon
_ Failure to register under 18 U.S.C. § 2250
L Serious risk defendant will flee y
_ 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
. A Safety of any other person and the community

Case 1:07-cr—00097-SLR Document 6 Filed 07/02/2007 Page 2 of 3
3. Rebuttable Presumption. The United States WILL invoke the rebuttable
presumption against defendant under § 3142(e). (If yes) The presumption applies because
(check one or both):
_)L 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 (violation of 18 U.S.C. § 2252A(a)(2)) 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
JL After 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):
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
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 permanent
residence.
_ 3. The defendant may flee or pose a danger to any other person or the community.

Case 1:07-cr-00097-SLR Document 6 Filed 07/O2/2007 Page 3 of 3
6. Other Matters.
DATED this 2nd day of July 2007.
Respectfully submitted, I
COLM F. CONNOLLY
United States Attorney
A BY: W
Christopher J. Bur
Assistant United States Attorney