Opinion
Case No. 1:11-MC-00026-GSA
09-28-2011
IN RE EXTRADITION OF VICENTE PONCE VILLANU aka Vicente Ponce Villasenor aka Vicente Ponce, Fugitive.
Respectfully submitted, BENJAMIN B. WAGNER United States Attorney IAN L. GARRIQUES Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
IAN L. GARRIQUES
Assistant U.S. Attorney
Attorneys for the
United States of America
MOTION AND ORDER TO DISMISS COMPLAINT FOR PROVISIONAL ARREST WITH A VIEW TOWARDS EXTRADITION
Pursuant to 18 U.S.C. § 3184, Plaintiff United States of America, by and through its attorneys of record, BENJAMIN B. WAGNER, United States Attorney, and IAN L. GARRIQUES, Assistant United States Attorney, hereby seek leave of court and move to dismiss the complaint in this case without prejudice as to the above-named defendant, in the interest of justice. Subsequent to the filing of the complaint, the fugitive was arrested in the Central District of California, a new extradition complaint was filed in that district, and 18 U.S.C. § 3184 requires that the extradition hearing occur in that district.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
IAN L. GARRIQUES
Assistant U.S. Attorney
ORDER
IT IS HEREBY ORDERED that the complaint in this case be dismissed without prejudice in the interest of justice.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE