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

L Case 1:07-cr—OOC_%g2*[j‘§I2T_\{I§1A SOG O§’r?1&§QQF__?\Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. ) Criminal Action No. 07-92
ROY JOSEPH BENSON, g
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 ofviolence (18 U.S.C. § 3156)
A Maximum sentence life imprisonment or death I
___ 10+ year drug offense
___ Felony, with two prior convictions in above categories
__>§ Minor victim
3 Possession! use of firearm, destructive device or other dangerous weapon
___ Failure to register under 18 U.S.C. § 2250
K Serious risk defendant will Hee
; Serious risk obstruction of justice

Case 1:07-cr—00092-SLR Document 8 Filed 07/12/2007 Page 2 of 3
2. Reason For Detention. The court should detain defendant because there are no
conditions of release which will reasonably assure (check one or both):
QQ Defendant's appearance as required
A Safety of any other person and the community
3. Rebuttable Presumption. The United States will/will not invoke the rebuttable
presumption against defendant under § 3l42(e). (If yes) The presumption applies because (check
one or both):
K 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 i
specified offense { § Z'} gz A ) 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
; After continuance of L days (not more than 3).
5. Temporag; 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:
__ (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-cr-00092-SLR Document 8 Filed 07/12/2007 Page 3 of 3
6. Other Matters.
DATED this 12th day of July , 2007.
Respectfully submitted,
COLM F. C NNOLLY
Uni , t s yin _» - -
at L
{ A
` d1no • Falgo
Assistant Unite tates Attorney