United States v. Maurice

          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 ...