UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 31, 2009
RE: ANDRES FELIX CAMUDIO
The opinion of the court was delivered by: Honorable William B. Shubb United States District Judge
MOTION TO WITHDRAW PETITION AND QUASH WARRANT
On July 28, 2009, a Petition alleging the above-named defendant violated the terms and conditions of his supervised release was filed with the Court and a warrant was issued. He is in custody in the District of Arizona and being prosecuted for being an illegal alien in the United States. The District of Arizona initially requested jurisdiction of this Court's matter be transferred to Arizona. However, they are now requesting the Petition and Warrant be recalled, as they plan to impose a greater sentence for the illegal entry to account for this violation.
Although the underlying offense in this district is Conspiracy to Possess Heroin With Intent to Distribute, the advisory guideline range on the violation is 4 to 10 months. As the District of Arizona will increase Camudio's sentence accordingly, it does not appear any further action is needed on the Petition.
Should the Court agree to dismissal of the Petition and quashing of the Warrant, this Court would retain jurisdiction on the underlying case, which the undersigned believes is appropriate.
KAREN A. MEUSLING Supervising Unites States Probation Officer
THE COURT ORDERS:
[ x ] The petition filed and warrant issued on July 28, 2009, is hereby dismissed.
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