In re Acevedo

Full title: IN MATTER OF THE EXTRADITION OF JOSE MANUEL CERVANTES ACEVEDO

Court: UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

Date published: May 4, 2016

No. ED 12-00406-M (C.D. Cal. May. 4, 2016)

Opinion

No. ED 12-00406-M

05-04-2016

IN MATTER OF THE EXTRADITION OF JOSE MANUEL CERVANTES ACEVEDO

EILEEN M. DECKER United States Attorney JOSEPH B. WIDMAN Assistant United States Attorney Chief, Riverside Branch Office BILAL A. ESSAYLI (Cal. Bar No. 273441) Assistant United States Attorney Riverside Branch Office 3403 10th Street, Suite 200 Riverside, California 92501 Telephone: (951) 894-6246 Facsimile: (951) 894-6202 E-mail: bilal.essayli@usdoj.gov Attorneys for Applicant UNITED STATES OF AMERICA

THE HONORABLE SHERI PYM UNITED STATES MAGISTRATE JUDGE

EILEEN M. DECKER
United States Attorney
JOSEPH B. WIDMAN
Assistant United States Attorney
Chief, Riverside Branch Office
BILAL A. ESSAYLI (Cal. Bar No. 273441)
Assistant United States Attorney
Riverside Branch Office

3403 10th Street, Suite 200

Riverside, California 92501

Telephone: (951) 894-6246

Facsimile: (951) 894-6202

E-mail: bilal.essayli@usdoj.gov Attorneys for Applicant
UNITED STATES OF AMERICA

ORDER

Upon consideration of the request of the United States for the detention of fugitive JOSE MANUEL CERVANTES ACEVEDO pending extradition proceedings, and good cause therefor appearing,

IT IS HEREBY ORDERED that said request is GRANTED, the Court making the following findings of fact and conclusions of law:

1. In foreign extradition matters there is a presumption against bail and only "special circumstances" will justify release on bail. Wright v. Henkel, 190 U.S. 40, 63 (1903); United States v. Salerno, 878 F.2d 317 (9th Cir. 1989); see also In re Smyth, 976 F.2d 1535, 1535-36 (9th Cir. 1992); Kamrin v. United States, 725 F.2d 1225, 1228 (9th Cir. 1984). The burden of showing special circumstances falls on the defendant.

2. A detention hearing was held on May 3, 2016 and defendant failed to establish "special circumstances" to justify his release.

3. Defendant is ordered detained and remanded into the custody of the United States Marshal pending further proceedings, and a status conference is set for July 18, 2016 at 3:00 p.m.

IT IS SO ORDERED. May 4, 2016
DATE

/s/_________

THE HONORABLE SHERI PYM

UNITED STATES MAGISTRATE JUDGE