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In re Extradtion of Espinoza

United States District Court, Ninth Circuit

June 7, 2013

IN RE EXTRADTION OF LUIS ESTEBAN LOPEZ ESPINOZA, a.k.a. El Grenas, a.k.a. El Luisillo, Fugitive.

BENJAMIN B. WAGNER United States Attorney, CHRISTOPHER D. BAKER, Assistant U.S. Attorney, Fresno, California, Attorneys for the United States of America.

APPLICATION AND ORDER TO TRANSFER El PHYSICAL CUSTODY

BARBARA A. McAULIFFE, Magistrate Judge.

WHEREAS, on March 12, 2013, the Court was advised in open session that LUIS ESTEBAN LOPEZ ESPINOZA is a fugitive sought by the Government of Mexico; that he is aware that the Government of Mexico has issued an arrest warrant for him charging Aggravated Homicide; and, that he has reviewed the Complaint filed by the United States Attorney for this judicial district; that he has been fully advised of his rights in this Country pursuant to the extradition treaty in force between the Government of the United States and the Government of Mexico and Title 18, United States Code, Section 3184 et seq., and that he knowingly and voluntarily waived those rights [Doc. 32];

The United States of America applies for a Court order that LUIS ESTEBAN LOPEZ ESPINOZA be committed to the custody of the United States Marshal of the Eastern District of California pending arrival of the duly authorized representatives of the Government of Mexico, at which time the United States Marshal shall deliver him, together with any evidence seized incidental to his arrest and sought by the Government of Mexico, to the custody of such authorized representatives to be transported by Mexico to be held for sentencing or other disposition.

ORDER TO TRANSFER PHYSOCAL CUSTODY

The Court having received the Complaint filed on October 9, 2012, by Christopher D. Baker, Assistant United States Attorney for the Eastern District of California, for and on behalf of the Government of Mexico, pursuant to the request of the Government of Mexico, for extradition of LUIS ESTEBAN LOPEZ ESPINOZA, and an affidavit executed by LUIS ESTEBAN LOPEZ ESPINOZA, and witnessed by his attorney;

And, further, the Court having been advised in open session that LUIS ESTEBAN LOPEZ ESPINOZA is a fugitive sought by the Government of Mexico; that he is aware that the Government of Mexico has issued an arrest warrant for him charging Aggravated Homicide; and, that he has reviewed the Complaint filed by the United States Attorney for this judicial district; that he has been fully advised of his rights in this Country pursuant to the extradition treaty in force between the Government of the United States and the Government of Mexico and Title 18, United States Code, Section 3184 et seq., and that on March 12, 2013, he knowingly and voluntarily waived those rights [Doc. 32];

IT IS THEREFORE ORDERED that LUIS ESTEBAN LOPEZ ESPIONZA be committed to the custody of the United States Marshal of the Eastern District of California pending arrival of the duly authorized representatives of the Government of Mexico, at which time the United States Marshal shall deliver him, together with any evidence seized incidental to his arrest and sought by the Government of Mexico, to the custody of such authorized representatives to be transported by Mexico to be held for sentencing or other disposition; and

IT IS FURTHER ORDERED that the transfer of physical custody of LUIS ESTEBAN LOPEZ ESPINOZA, together with any evidence seized, shall be at such time and place as mutually agreed upon by the United States Marshal for the Eastern District of California and the duly authorized representatives of the Government of Mexico.

The United States Attorney's Office will forward certified copies of this Order and executed Affidavit of Waiver [Doc 32] to the Director of the Office of International Affairs, Criminal Division, Department of Justice, in Washington, DC.

IT IS SO ORDERED.


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