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In re The Extradition of Setser

United States District Court, Ninth Circuit

July 24, 2013

IN THE MATTER OF THE EXTRADITION OF RUSTY STEVEN SETSER A fugitive from the government of Australia.

ANDRÉ BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney, Chief, Criminal Division, ROBYN K. BACON (Cal. Bar No. 251048), Assistant United States Attorney, Violent and Organized Crime Section, Los Angeles, California.

[proposed] ORDER RE EXTRADITION

FREDERICK F. MUMM, Magistrate Judge.

The fugitive, Rusty Steven Setser (hereinafter "the fugitive"), having appeared before the undersigned judicial officer, represented by counsel, on July 24, 2013, and having entered into the foregoing stipulation.

IT IS HEREBY FOUND as follows:

1. The fugitive's stipulation to all elements of extradition is intelligent and voluntary.

2. The fugitive was charged in Australia with the crime of conspiracy to import a commercial quantity of a border controlled drug, namely, cocaine. On March 31, 2011, an authorized officer of the Local Court at Sydney, New South Wales issued a warrant for his arrest.

3. All the requirements for summary extradition are met, specifically:

a. The undersigned judicial officer, United States Magistrate Judge Frederick F. Mumm, and the court on which that judicial officer sits, have jurisdiction to conduct extradition proceedings.

b. The undersigned judicial officer, United States Magistrate Judge Frederick F. Mumm, and the court on which that judicial officer sits, have jurisdiction over the fugitive.

c. An extradition treaty is in force between the United States of America and Australia.

d. The fugitive is sought for offense for which the applicable treaty permits extradition.

e. The fugitive is the individual who is charged in Australia and there is probable cause to believe him guilty of each of the charged offenses.

f. The fugitive agrees to summary extradition without further proceedings pursuant to Article XIII(2) of the Treaty on Extradition between the United States of America and Australia of May 14, 1974, as amended by the Protocol Amending the Treaty on ...


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