Free Writ of Habeas Corpus ad prosequendum - District Court of California - California

Case 4:08-cr-00246-CW

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Filed 07/24/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney

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BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division JAMES C. MANN (CABN 221 603) Assistant United States Attorney 1301 Clay Street, Suite 3 4 0 4 Oakland, California 94612 Telephone: (5 10) 637-3705 Facsimile: (5 10) 637-3724 E-Mail: [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRlCT OF CALLFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. KAO SAETURN, SAN KWEN SAEPHAN. aka "Forty," JOSEPH VU NGUYEN: DAVIS KIET DANG. aka Kiet Dang, aka Kiet Davis Anh Dang, aka Kiet Davisanh Dang, and JANTAR PHUN, aka "Kelley," Defendants. No. CR 08-0246 CW

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PETITION FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM

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TO:

The Honorable Maria-Elena James, United States Magistrate Judge of the United States District Court for the Northern District of California:

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Assistant United States Attorney James C. Mann respectfully requests that this Court issue Writs of Habeas Corpus Ad Prosequendum for the persons of prisoners (1) JOSEPH VU NGUYEN (PFN No. BFB752), (2) SAN KWEN SAEPHAN (aikla "Forty") (CDC No. GI 1525;
PETITION AND [PROPOSED] ORDER FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM No. CR 08-0246 CW

Case 4:08-cr-00246-CW

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PFN No. BCZ538), and (3) KAO SAETURN (CDC No. V27922; PFN No. KHC008) whose places of custody and jailors are set forth in the requested Writs, attached hereto. The prisoners are required as the defendants in the above-entitled matter in this Court, and therefore petitioner prays that this Court issue the Writs as presented.

Dated: July

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Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney
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~ s s i i t a nUnited St tes Attorney t

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ETlTlON AND [PROPOSED] ORDER FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM lo. CR 08-0246 CW

Case 4:08-cr-00246-CW

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UNITED STATES DISTRICT COURT

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UNITED STATES OF AMERICA, Plaint~ff, v. KAO SAETURN, SAN KWEN SAEPHAN, aka "Forty," JOSEPH VU NGUYEN, DAVIS KIET DANG. aka Kiet Dang, t aka K ~ eDavis Anh Dang, aka Kiet Davisanh Dang, and JANTAR PHUN. aka "Kelley," Defendants

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NORTHERN DISTRICT OF CA1,IFORNIA OAKLAND DIVISION No. CR 08-0246 CW [PROPOSED] ORDER GRANTING PETITION FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM

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Upon motion of the United States of America, and good cause appearing therefore, IT IS HEREBY ORDERED that the United States' request for issuance of Writs of Habeas Corpus Ad Prosequendum requiring the production of (1) JOSEPH VU N G W E N (PFN No. BFB752), (2) SAN KWEN SAEPHAN (dWa "Forty") (CDC No. G11525; PFN No. BCZ538), and (3) KAO SAETURN (CDC No. V27922; PFN No. KHC008) before the Hon.
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PETITION AND [PROPOSED] ORDER FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM No. CR 08-0246 CW

Case 4:08-cr-00246-CW

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Wayne D. Brazil, United States Magistrate Judge, at 10:OO a.m. on Thursday, August 14,2008 as soon thereafter as may be practicable, is granted, and the Writs shall be issued as presented.

DATED: HON. MARIA-ELENA JAMES United States Magistrate Judge

PETITION AND [PROPOSED] OIiDER FOR AND WRITS OF HABEAS CORPUS AD PROSEQUENDUM No CR 08-0246 CW

Case 4:08-cr-00246-CW

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THE PRESIDENT OF THE UNITED STATES OF AMERICA TO: FEDERICO ROCHA, United States Marshal, Northern District of California, andlor any of his authorized deputies, and the Sheriff for Alameda County, and/or any of his authorized deputies: GREETINGS WE COMMAND that on Thursday, August 14,2008 at 10:OO a.m., or as soon thereafter as practicable, you have and produce the body of JOSEPH VU NGUYEN (PFN No. BFB752), in
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( your custody in the Santa Rita Jail, or any other institution in the Sheriffs custody, before the
United States District Court in and for the Northern District of California, in the Courtroom of the Hon. Wayne D. Brazil, United States Magistrate, 1301 Clay Street, Oakland, California 94612 on the third floor, in order that JOSEPH VU NGUYEN may then appear for his initial appearance upon the charges heretofore filed against him in the above-entitled Court, and that immediately after said hearing to return him forthwith to said above-mentioned institution or abide by such order of the above-~zntitled Court as shall thereafter be made concerning the

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custody of said prisoner, and further to produce said prisoner at all times necessary until the termination of the proceedings in this Court; IT IS FURTHER ORDERED that should the local or state custodian release from its custody the above-named person, he be immediately delivered and remanded to the United States and/or his authorized deputies under this Writ.

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WITNESS the H o n Maria-Elena James, United States Magistrate Judge. United States District Court for the Northern District of California. DATED: ,2008 CLERK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

By: DEPUTY CLERK

WRIT OF HABEAS CORPUS AD PROSEQUENDUM CASE NO. CR 08-0246 CW

Case 4:08-cr-00246-CW

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THE PRESIDENT OF THE UNITED STATES OF AMERICA TO: FEDERICO ROCHA, United States Marshal, Northern District of California, andlor any of his authorized deputies, and the Warden for the California State Prison - Sacramento, andlor any California Department of Corrections facility: GREETINGS

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WE COMMAND that on Thursday, August 14.2008 at 10:OO a.m., or as soon thereafter as practicable, you have and produce the body of SAN KWEN SAEPHAN (uWa "Forty") (CDC No. GI 1525; PFN No. BCZ538). in your custody in the abovementioned institution. or any othe~ California Department of Corrections Institution, before the United States District Court in and Ibr the Northern District of California. in the Courtroom of the Hon. Wayne D. Brazil. United States Magistrate, 1301 Clay Street, Oakland, California 94612 011 the third floor, in order that SAN KWEN SAEPHAN may then appear for his initial appearance upon the charges heretofore filed against him in the above-entitled Court, and that immediately after said hearing to return him forthwith to said above-mentioned institution or abide by such order of the above-entitled Court as shall thereafter be made concertling the custody of said prisoner, and further to produce said prisoner at all times necessary until the ternination of the proceedings in this Court; IT IS FURTHER ORDERED that should the local or state custodian release from its custody the above-named person, he be immediately delivered and remanded to the United States Marshal andlor his authorized deputies under this Writ, WITNESS the Hon. Maria-Elena James. United States Magistrate Judge, United States District Court for the Northern District of California. DATED: ,2008

By: DEPUTY CLERK

WRIT OF HABEAS CORPUS AD PROSEQUENDUM CASE NO. CR 08-0246 CW

Case 4:08-cr-00246-CW

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Filed 07/24/2008

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THE PRESIDENT OF THE UNITED STATES OF AMERICA TO: FEDERICO ROCHA, United States Marshal, Northern District of California, andlor any of his authorized deputies, and the Warden for the California State Prison - Solono, andlor any California Department of Corrections facility: GREETINGS

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WE COMMAND that on Thursday, August 14,2008 at 10:OO a.m., or as soon thereafter as practicable, you have and produce the body of KAO SAETURN (CDC No. V27922; PFN No. KHC008), in your custody in the above-mentioned institution, or any other California Department of Corrections Institution, before the United States District Court in and for the Northern District of California, in the Co~~rtroom the Hon. Wayne D. Brazil, United States of Magistrate, 1301 Clay Street, Oakland, California 94612 on the third floor, in order that KAO SAETURN may then appear for his initial appearance upon the charges heretofore filed against him in the above-entitled Court, and that immediately after said hearing to return him forthwith

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to said above-mentioned institution or abide by such order of the above-entitled Court as shall thereafter be made concerning the custody of said prisoner, and further to produce said prisoner at all times necessary until the termination of the proceedings in this Court; IT IS FURTHER ORDERED that should the local or state custodian release from its custody the above-named person, he be immediately delivered and remanded to the United States Marshal andlor his authorized deputies under this Writ. WITNESS the Hon. Maria-Elena James, United States Magistrate Judge, United States District Court for the Northern District of California. DATED: ,2008 CLERK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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By:
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WRIT OF HABEAS CORPUS AD PROSEQUENDUM CASE NO. CR 08-0246 CW

DEPUTY CLERK