DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
CALVIN BENJAMIN 
Defendant. 
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Criminal No. 2017-39 
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ATTORNEYS: 
 
Jocelyn Hewlett, Acting United States Attorney 
Sigrid Tejo-Sprotte, AUSA 
United States Attorney’s Office 
St. Thomas, U.S.V.I. 
 
For the United States of America, 
 
Omodare Jupiter, FPD 
Brendan A. Hurson, AFPD 
Office of the Federal Public Defender  
St. Thomas, U.S.V.I. 
 
For Calvin Benjamin. 
 
 
ORDER 
 
GÓMEZ, J. 
 
Before the Court is the motion of Calvin Benjamin for 
release from custody pending sentencing.     
I. 
FACTUAL AND PROCEDURAL HISTORY 
 
 
On March 13, 2017, the United States filed a complaint in 
Criminal No. 2017-21 charging Calvin Benjamin (“Benjamin”) with 
possession of a controlled substance with intent to distribute 
in violation of 21 U.S.C. § 841(a); and conspiracy to possess a 
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United States v. Benjamin 
Criminal No. 2017-39 
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controlled substance with intent to distribute in violation of 
21 U.S.C. § 846. Benjamin appeared before the Magistrate Judge 
for his initial appearance on March 15, 2017. The Magistrate 
ordered Benjamin released pending trial. As conditions of 
Benjamin’s release, the Magistrate ordered Benjamin, among other 
things, to submit to the Office of Probation for supervision; to 
surrender his passport; not to leave St. Thomas; to remain in 
his residence between the hours of 7:00 P.M. and 7:00 A.M.; and 
to submit to electronic location monitoring. 
 
On July 27, 2017, the Grand Jury returned an indictment in 
Civil No. 2017-21 charging Benjamin with conspiracy to possess 
with intent to distribute 100 kilograms of marijuana in 
violation of 21 U.S.C. § 846; possession with intent to 
distribute 100 kilograms of marijuana in violation of 21 U.S.C. 
§§ 841(a)(1) and 841(b)(1)(B)(vii); use of a communication 
facility to facilitate a felony in violation of 21 U.S.C. § 
843(b); and violating the Travel Act, 18 U.S.C. § 1952(a)(3). 
 
  On September 5, 2017, the United States filed a one count 
information in Criminal No. 2017-39 charging Benjamin with 
conspiracy to distribute and possess with intent to distribute 
marijuana in violation of 21 U.S.C. §§ 846, 841(a)(1), and 
841(b)(1)(D). Benjamin pled guilty to that count on October 30, 
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2017.1 In pleading guilty, Benjamin admitted that between January 
10, 2016, and March 8, 2017, he participated in a conspiracy to 
possess and distribute marijuana. During this period, Benjamin 
either received or ensured other members of the conspiracy 
received 28 packages containing a marijuana sent through the 
postal system. The 28 packages contained a total of 140 
kilograms of marijuana. Benjamin also ensured that other members 
of the conspiracy were compensated for their efforts in 
furtherance of the conspiracy.  
 
Following Benjamin’s plea, the Court remanded Benjamin to 
the custody of the United States Marshals Service pending 
sentencing. On November 1, 2017, Benjamin moved to be released 
from custody pending his sentencing. 
II. 
DISCUSSION 
 
Section 3143, title 18, of the U.S. Code (“Section 3143”) 
directs the courts to detain individuals found guilty and 
awaiting sentencing “unless the judicial officer finds by clear 
and convincing evidence that the person is not likely to flee or 
pose a danger to the safety of any other person or the community 
if released under section 3142(b) or (c).” 18 U.S.C. § 
3143(a)(1). “If the judicial officer makes such a finding, such 
                     
1 On November 6, 2017, on the motion of the United States, the Court 
dismissed the indictment in Criminal No. 2017-21 as to Benjamin. 
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judicial officer shall order the release of the person in 
accordance with section 3142(b) or (c).” Id.  “Section 3143 
creates a presumption against release pending sentencing.” 
United States v. Pivaral-DeLeon, 678 Fed. App’x273, 273 (5th 
Cir. 2017). The defendant bears the burden of “rebut[ting] the 
presumption of detention with clear and convincing evidence that 
he is not a flight risk or a danger to any person or the 
community.” United States v. Johnson, 652 Fed. App’x 619, 621 
(10th Cir. 2016).  
 
When determining whether a convicted defendant is likely to 
flee or pose a danger to a person or the community, a district 
court should consider the factors enumerated in 18 U.S.C. § 
3142(g) (“Section 3142(g)”). See United States v. Cos, 198 F. 
App'x 727, 729 (10th Cir. 2006); United States v. Colon Berrios, 
791 F.2d 211, 212 (1st Cir. 1986). Section 3142(g) provides: 
 
The judicial officer shall, in determining whether 
there are conditions of release that will reasonably 
assure the appearance of the person as required and 
the safety of any other person and the community, 
take 
into 
account 
the 
available 
information 
concerning-- 
 
 
(1) the nature and circumstances of the offense 
 
charged, including whether the offense is a crime 
 
of violence, a violation of section 1591, a 
 
Federal crime of terrorism, or involves a minor 
 
victim or a controlled substance, firearm, 
 
explosive, or destructive device; 
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(2) the weight of the evidence against the person; 
 
 
(3) the history and characteristics of the 
 
person, including-- 
 
 
 
(A) the person's character, physical and 
 
 
mental condition, family ties, employment, 
 
 
financial resources, length of residence in 
 
 
the community, community ties, past conduct, 
 
 
history relating to drug or alcohol abuse, 
 
 
criminal history, and record concerning 
 
 
appearance at court proceedings; and 
 
 
 
(B) whether, at the time of the current  
 
 
offense or arrest, the person was on  
 
 
probation, on parole, or on other release 
 
 
pending trial, sentencing, appeal, or  
 
 
completion of sentence for an offense under 
 
 
Federal, State, or local law; and 
 
 
(4) the nature and seriousness of the danger to 
 
any person or the community that would be posed 
 
by  the person's release. In considering the 
 
conditions of release described in subsection 
 
(c)(1)(B)(xi) or (c)(1)(B)(xii) of this section, 
 
the judicial officer may upon his own motion, or 
 
shall upon the motion of the Government, conduct 
 
an inquiry into the source of the property to be 
 
designated for potential forfeiture or offered as 
 
collateral to secure a bond, and shall decline to 
 
accept the designation, or the use as collateral, 
 
of property that, because of its source, will not 
 
reasonably assure the appearance of the person as 
 
required. 
 
18 U.S.C. § 3142(g).  
 
 
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III. ANALYSIS 
 
The Third Circuit has held that “[t]he statutory language, 
as well as the legislative history[ of section 3143], 
unequivocally establishes that Congress intended to equate 
traffic in drugs with a danger to the community.” Strong, 775 
F.2d at 506. Thus, “[i]n cases involving drug offenses, the 
danger to the community is the likelihood that the defendant 
will, if released, traffic in illicit drugs.” United States v. 
Davis, No. CRIM. 13-173-02, 2013 WL 6094445, at *4 (W.D. Pa. 
Nov. 20, 2013) (citing United States v. Perry, 788 F.2d 100, 111 
(3d Cir. 1986) and Strong, 775 F.2d at 506-07). 
 
Here, Benjamin argues that he poses no “danger to the 
community” because he “has no violent criminal record[,] [t]he 
offense includes no firearms, and there is no claim that the 
conspiracy had any connection to violence.” ECF No. 11 at 7. 
Benjamin also points out that drug tests carried out by the 
probation office show that he “has remained drug free since his 
arrest.” Id. at 7-8.  
 
Those arguments, in context, are wanting. Indeed, in his 
plea, Benjamin admitted to playing a significant role in a 
relatively large-scale and well-planned drug conspiracy for over 
a year. Benjamin’s role included receiving packages containing 
marijuana sent through the U.S. Postal Service or coordinating 
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for other individuals to receive those packages. Benjamin 
delivered the packages to other individuals for further 
distribution or ensured others did the same. Benjamin also had 
some responsibility for ensuring his co-conspirators were 
compensated for their efforts. Ultimately, Benjamin was 
responsible for smuggling 140 kilograms of marijuana into St. 
Thomas. 
 
While Benjamin has offered much in the way of argument, he 
has offered little evidence to support presentencing release. 
Benjamin’s evidentiary deficiency is fatal to his petition. The 
Court finds that the evidence adduced by Benjamin falls short of 
the clear and convincing evidence necessary to show that 
Benjamin is not a danger to the community.2 Cf. United States v. 
Ayllon, 983 F.2d 298 (D.C. Cir. 1993) (“[The defendant]'s 
failure to flee up until now does not, by itself, constitute 
clear and convincing evidence that he is unlikely to flee in the 
future . . . .”). 
 
 
                     
2 Benjamin also argues that, due to continuing hurricane-related issues with 
detaining Virgin Islands defendants, his “pre-sentencing incarceration will 
result in unjust confinement at a security level more severe than what he is 
due.” See ECF No. 11 at 13. The Court is unaware of any ground for releasing 
a convicted defendant pending sentencing that does not include a finding that 
the defendant is not a danger to the community.  
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The premises considered, it is hereby 
 
ORDERED that the motion for release from custody docketed 
at ECF Number 11 is DENIED. 
 
 
 
 
  
 
 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
 
 
 
 
 
 
 
District Judge 
 
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