Opinion
2:24-mj-06964
11-25-2024
IN THE MATTER OF THE EXTRADITION OF FELIX BENGT MAGNUS NILSSON, A Fugitive from the Government of the Kingdom of Sweden.
E. MARTIN ESTRADA United States Attorney MACK E. JENKINS Assistant United States Attorney Chief, Criminal Division JOHN J. LULEJIAN (Cal. Bar No. 186783) Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA
E. MARTIN ESTRADA
United States Attorney
MACK E. JENKINS
Assistant United States Attorney
Chief, Criminal Division
JOHN J. LULEJIAN (Cal. Bar No. 186783)
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
ORDER
ALICIA G. ROSENBERG, UNITED STATES MAGISTRATE? JUDGE
Upon consideration of the request of the United States for the detention of fugitive FELIX BENGT MAGNUS NILSSON 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. See United States v. Salerno, 878 F.2d 317, 317 (9th Cir. 1989); see also In re Extradition of 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 exist rests upon the fugitive. See, e.g., Salerno, 878 F.2d at 317-18. Here, the Court finds that no such "special circumstances" exist.
2. The government alternatively requests detention on the grounds that FELIX BENGT MAGNUS NILSSON presents an unacceptable risk of (a) flight and/or (b) danger to the community, even if the Court were to find that special circumstances are present.
The Court hereby finds no combination of conditions that will reasonably assure:, a. (√) the appearance of fugitive as required; and/or
b. () the safety of any person or the community nature of the offense; outstanding European warrant dated April 24, 2021 by Sweden; Fake French passport using Fugitive's photo and someone else's biographical information use of multiple identification use of multiple identification / aliases.
IT IS SO ORDERED.