Cedar Rapids man with 56 convictions will remain in jail pending federal drug charge

CEDAR RAPIDS - A federal judge ruled Wednesday that a Cedar Rapids man, who he said has the 'worst criminal history I've seen” with 56 convictions, will remain in federal custody pending trial on charges of distributing synthetic drugs.

Benjamin McCauley, 45, who has most recent convictions for stalking, burglary and probation revocations in state court, was indicted last month in U.S. District Court on one count of possession with intent to distribute controlled substances. He is accused of knowingly possessing with intent to distribute synthetic cannabinoids or commonly referred to as synthetic marijuana March 12, 2015, the indictment shows.

U.S. District Chief Magistrate C.J. Williams said McCauley's criminal history is 'remarkable” with 56 convictions since age 15, and at least nine convictions involving violence, three for eluding, two for escape and about 13 failures to appear. Williams said McCauley poses a risk of escape if he were to be moved out of federal custody back to state prison, as his lawyer requested.

McCauley was serving a 12-year state prison sentence for burglary, probation revocations for stalking and another burglary and eluding in Linn County District Court.

David Eastman, McCauley's lawyer, asked that McCauley be allowed to go back and serve his state prison sentence so he could complete drug treatment and other programming pending his federal trial. He wouldn't object to the judge putting a 'detainer” on McCauley to require him to come back to federal court.

Assistant U.S. Attorney Dan Chatham said he has 'great concern” if McCauley was released back to state court because he could be paroled without notice to federal authorities, and McCauley has a history of eluding and escapes.

Williams said there's no legal authority to place a detainer on McCauley. He ordered him to remain in federal custody pending trial.

Court records show McCauley was most recently convicted of two burglaries in 2015 and 2016 and also stalking an ex-girlfriend in 2015. He violated probation in one of the burglaries and the stalking conviction.

McCauley stalked the woman from Nov. 11, 2014, through July 16, 2015, and threatened her with verbal and written threats, according to a criminal complaint.

Most of his convictions involved victims, and he has 10 convictions for interference with officials acts - fighting or resisting police officers - and five convictions for drugs and/or alcohol, according to court records.

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