Free Writ of Habeas Corpus ad prosequendum - District Court of Delaware - Delaware

1 Case 1 :07-cr—00092-SLR Document 6 Filed 07/05/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v, ) Criminal Action No. 07-92-UNA
ROY JOSEPH BENSON, ) FILED UNDER SEAL
Defendant. )
PETITION FOR WRIT OF
HABEAS CORPUS AD PROSEQUENDUM
Your petitioner, the United States of America, by its attorney, Christopher J.
Burke, Assistant United States Attorney, with the knowledge and consent of Colm Connolly,
United States Attorney for the District of Delaware, respectfully submits:
1. The defendant, who has been indicted for violations of 18 U.S.C.
§ 2252A(a)(2) (receipt of child pornography) and 18 U.S.C. § 1466A(a)(2) (receipt of obscene
matter), is scheduled for an initial appearance before this Court on July 12, 2007, at 1:00 p.m.
2. The defendant is currently being held pending trial on related State charges
at the Delaware Correctional Center in Smyrna, Delaware, and, therefore, must be writted out
before this Court can conduct the initial appearance.
WHEREFORE, petitioner prays that the Clerk of the Court be instmcted to issue
a writ of habeas corpus ad prosequendum to the Warden of the Delaware Correctional Center and
to the United States Marshal for the District of Delaware to deliver Roy Joseph Benson to the
office ofthe United States Marshal on July 12, 2007, at 1:00 p.m., with the defendant being held
in federal custody until the federal charges are resolved. F I L E D
I JUL 5 EG07 ’
U.S. LNSTRICJ CGURJ
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Case 1:07-cr—00092-SLR Document 6 Filed 07/05/2007 Page 2 of 2
Respectfully submitted,
COLM CONNOLLY
United States Attorney
BY; g · /3*4/L&L
Christopher J. Burk
Assistant United States Attorney
Dated: July 5, 2007
IT IS SO ORDERED this day of U % , 2007.
Honorableiigegory M; Sleet 5 :
United Sta es District Judge