Free Stipulation - District Court of California - California

Case 3:08-xr-90417-JCS

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Filed 08/29/2008

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BARRY J. PORTMAN Federal Public Defender DANIEL P. BLANK Assistant Federal Public Defender 450 Golden Gate Avenue San Francisco, CA 94102 Telephone: (415) 436-7700 Counsel for Defendant SOSA CORDERO

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) No. CR 08-90417 MISC JCS STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR HEARING ON MOTION TO DISMISS

IN THE MATTER OF THE EXTRADITION OF ALFONSO SOSA CORDERO

Case 3:08-xr-90417-JCS

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Filed 08/29/2008

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On August 27, 2008, Mr. Alfonso Sosa Cordero made his initial appearance on a complaint for provisional arrest with a view toward extradition to Mexico. Mr. Cordero is presently in custody. The Court set a bail hearing for September 5, 2008, at 10:30 a.m. According the complaint, the underlying arrest warrant in Mexico issued on June 20, 2001, over seven years ago. Article 7 of the extradition treaty with Mexico explicitly provides: "Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for which extradition has been sought has become barred by lapse of time according to the laws of the requesting or requested Party." Due to the lapse of time in this case, Mr. Sosa Cordero will file on August 29, 2008, a motion to dismiss the complaint under Article 7 of the extradition treaty. As this motion is pertinent to the issue of bail, Mr. Sosa Cordero respectfully requests, and the parties stipulate, the Court shorten time for hearing on that motion, so that it might be heard at that same appearance, on September 5, 2008, at 10:30 a.m. The government will file an opposition brief by Wednesday, September 3, 2008, and Mr. Sosa Cordero shall file any reply brief by Thursday, September 4, 2008. IT IS SO STIPULATED. JOSEPH RUSSONIELLO United States Attorney DATED: August 29, 2008 _____/S/______________________ ALLISON DANNER Assistant United States Attorney

DATED:

August 29, 2008

_____/S/______________________ DANIEL P. BLANK Assistant Federal Public Defender Attorney for Alfonso Sosa Cordero

IT IS SO ORDERED. DATED: _____________________________ JOSEPH C. SPERO United States Magistrate Judge

STIP. & PROP. ORDER

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