UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
October 10, 2012
IN THE MATTER OF THE EXTRADITION OF EDWARD ALLEN HUGHES, A FUGITIVE FROM THE GOVERNMENT OF THE REPUBLIC OF MEXICO.
The opinion of the court was delivered by: Honorable Sheri Pym United States Magistrate Judge
ORDER GRANTING GOVERNMENT'S REQUEST FOR DETENTION
Upon consideration of the request of the United States for the detention of fugitive EDWARD ALLEN HUGHES ("HUGHES") 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. United States v. Salerno, 878 F.2d 317, 317 (9th Cir. 1989); see also Matter of 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 rests upon the fugitive. See, e.g., Salerno, 878 F.2d at 317-18. Here, HUGHES does not argue that "special circumstances" exist, and the Court finds that no such "special circumstances" exist.
2. The government alternatively requests detention on the grounds that HUGHES presents an unacceptable risk of (a) flight; and (b) danger to the community, even if such special circumstances were present. In support of its request, the government proffers the sworn extradition complaint, the provisional arrest warrant, and the confidential Pretrial Services report. Because the Court finds that no special circumstances exist, it does not reach the issues of flight risk or danger.
IT IS SO ORDERED.
Presented by: ABIGAIL W. EVANS Assistant United States Attorney
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