United States District Court, C.D. California
NICOLA
T. HANNA United States Attorney BRANDON D. FOX Assistant
United States Attorney Chief, Criminal Division JOHN J.
LULEJIAN (Cal. Bar No. 186783) Assistant United States
Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA
CERTIFICATION OF EXTRADITABILITY AND ORDER OF
COMMITMENT
HONORABLE CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE
The
Court has received the Complaint filed on October 18, 2019,
by John J. Lulejian, Assistant United States Attorney for the
Central District of California, pursuant to the request of
the Government of the Ireland, for the extradition of ABENS
MAURICE ("MAURICE"). The Court has also received an
Affidavit of Consent to Extradition, dated December 6, 2019,
executed by MAURICE and witnessed by his attorney, Deputy
Federal Public Defender Adam Olin.
On
December 6, 2019, MAURICE appeared before the Court in open
session, accompanied by his attorney, and in the presence of
the aforementioned Assistant United States Attorney. The
Court addressed MAURICE and is satisfied that he is aware of
his rights as set forth in the affidavit of consent to
extradition and that the affidavit was executed knowingly and
voluntarily.
Inasmuch
as MAURICE has conceded that he is extraditable on the
charges for which extradition was requested, and has
consented to a certification by this Court to that effect,
and-has further consented to remain in the
custody of the United States Marshal Pending arrival of duly
authorized representatives of the Government of Ireland to Lo
effect his transfer to Ireland Court finds on the
basis of the record herein and the representations of MAURICE
and counsel that:
1. The
undersigned judicial officer is authorized under 18 U.S.C.
§ 3184, to conduct an extradition hearing;
2. The
Court has personal jurisdiction over MAURICE and subject
matter jurisdiction over the case;
3.
There is currently in force an extradition treaty between the
Government of the United States and the Government of
Ireland: the Treaty on Extradition Between the United States
of America and Ireland, U.S.-Ir., July 13, 1983, T.I.A.S. No.
10813, and the Instrument as contemplated by Article 3(2) of
the Agreement on Extradition between the United States of
America and the European Union signed 25 June 2003, as to the
application of the Treaty on Extradition between the United
States of America and Ireland, U.S.-Ir., July 14, 2005, S.
Treaty Doc. No. 109-14 (2006) (collectively, the
"Extradition Treaty");
4.
MAURICE has been charged in Ireland with one count of rape in
violation of Section 48 Offenses Against the Person Act, 1861
and Section 2 of the Criminal Law (Rape) Act, 1981 as amended
by Section 21 of the Criminal Law (Rape) (Amendment) Act,
1990, and one count of rape in violation of Section 4 of the
Criminal Law (Rape) (Amendment) Act, 1990;
5.
These charges constitute extraditable offenses within the
meaning of Article II of the Treaty;
6.
Ireland seeks the extradition of MAURICE to be held for trial
or other disposition; and
7.
MAURICE has stipulated that there is probable cause to
believe that he committed the offenses for which extradition
is sought.
Based
on the foregoing, the Court concludes that MAURICE is
extraditable for each offense for which extradition was
requested, and certifies this finding to the Secretary of
State as required under 18 U.S.C. § 3184.
The
Court further observes that MAURICE expressly reserves all
rights to contest the charges against him in Ireland, and by
executing the Affidavit of Consent, he does not make any
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