Opinion
CASE NO. 09-23376-MC-O'SULLIVAN.
March 29, 2010
ORDER
THIS MATTER came before the Court on Jose Francisco Cifuentes Gonzales' Motion to Dismiss Complaint and/or Quash Warrant Requesting Extradition (DE# 19, 1/22/10). Having reviewed the applicable filings and the law, it is
ORDERED AND ADJUDGED that Jose Francisco Cifuentes Gonzales' Motion to Dismiss Complaint and/or Quash Warrant Requesting Extradition (DE# 19, 1/22/10) is DENIED for the reasons set forth herein.
BACKGROUND
On November 4, 2009, this Court issued a complaint for the provisional arrest of Jose Francisco Cifuentes Gonzales ("Cifuentes") with a view towards extradition at the request of the United States, acting on behalf of the Republic of Slovenia.See Complaint (DE# 3, 11/8/09). In that complaint, the United States alleged that Cifuentes was wanted to stand trial in the Republic of Slovenia for his involvement in the unlawful trade and manufacture of narcotics, specifically ecstacy tablets, in violation of Article 196, Paragraph 1 and 2 of the Slovenian Penal Code. Id.
On November 16, 2009, Cifuentes was arrested pursuant to an arrest warrant issued by this Court in conjunction with the issuance of the extradition complaint. See Return of Arrest Warrant (D.E.# 9, 11/18/09). Cifuentes has been held without bond, pending the resolution of these extradition proceedings.
On January, 22 2010, Cifuentes moved to dismiss the complaint for extradition and/or to quash the extradition warrant. See Mr. Cifuentes' Motion to Dismiss (DE# 19, 1/22/10). On February 5, 2010, the government filed its response. See Government's Response to Jose Cifuentes' Motion to Dismiss (DE# 22, 2/5/10). The government filed an amended response on February 8, 2010. See Government's Amended Response to Jose Cifuentes' Motion to Dismiss (DE# 23, 2/8/10).
FACTS
The United States has sought extradition of the Cifuentes on behalf of the Republic of Slovenia. Cifuentes is being sought for the unlawful trade and manufacture of narcotics, specifically ecstacy tablets.
ANALYSIS
Cifuentes seeks to dismiss the extradition complaint and/or to quash the extradition warrant based on grounds that there is insufficient evidence to support probable cause of Cifuentes' guilt and that he has not been identified as the same individual charged with the offenses by the Republic of Slovenia. See Mr. Cifuentes' Motion to Dismiss (DE# 19, 1/22/10). For the reasons set forth in the Extradition Certification and Order of Commitment, the Court finds that the evidence presented by the government is sufficient to support probable cause that Cifuentes trafficked in ecstacy and that he is the same individual charged with the offenses by the Republic of Slovenia.
CONCLUSION
Based on the foregoing, Jose Francisco Cifuentes Gonzales' Motion to Dismiss Complaint and/or Quash Warrant Requesting Extradition (DE# 19, 1/22/09) is DENIED.DONE AND ORDERED, in Chambers, at Miami, Florida.