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United States v. Castillo-Sanchez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 16, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AURELIANO CASTILLO-SANCHEZ DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

APPLICATION FOR WRIT OF HABEAS CORPUS AD PROSEQUENDUM AND ORDER ISSUING WRIT

The defendant, Aureliano Castillo-Sanchez, by and through his attorney, hereby applies to the Court for the issuance of a writ of habeas corpus ad prosequendum.

The defendant is presently in the custody of the Bureau of Prisons at Big Spring Correctional Institution, Flightline Unit, 2001 Rickabaugh Drive, Big Spring, Texas, under registration No. 15126-097. A petition alleging the defendant's violation of supervised release was lodged herein resulting in this Court's issuance of an arrest warrant on February 15, 2008, and the United States Marshals Service lodging a detainer with the Bureau of Prisons. By his pro se motion filed herein on September 14, 2009, the defendant sought to dismiss the arrest warrant. By his letter to this Court filed herein on April 12, 2009, the defendant sought the status of his motion and asked to resolve the violation petition without further delay. Thereafter this Court referred the matter to the Office of the Federal Defender to obtain counsel for the defendant. This application is now brought to afford the defendant an opportunity to promptly answer and resolve the pending petition. His appearance in this District is necessary forthwith.

Dated: September 15, 2010

ORDER ISSUING WRIT OF HABEAS CORPUS

The above application is hereby granted and a writ of habeas corpus ad prosequendum is hereby issued. The Bureau of Prisons and the United States Marshals Service for this District are hereby ordered to produce the above-named detainee forthwith at the District Court for the Eastern District of California in Sacramento and at any further proceedings to be had in this matter. At the conclusion of the proceedings, the Marshals Service shall return the detainee to the Bureau of Prisons.

The Clerk of the Court shall serve this writ forthwith on the Marshals Service and on the warden or other designate of the Bureau of Prisons at the institution where the defendant is presently housed.

20100916

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