United States of America v. Hilmer Alfonso Este Montoya

Filing 29

CERTIFICATION OF EXTRADITABILITY AND ORDER OF COMMITMENT GRANTING STIPULATION AND ORDERED, 27 that the U. S. Attorneys Office for this judicial district shall forward a copy of this Certification to the Secretary of State. MD JS-6. Case Terminated, (Made JS-6. Case Terminated.) (Attachments: # 1 Letter) (ca)

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
DIANA M. KWOK (Cal. Bar No. 246366)
Assistant United States Attorney
General Crimes Section
1200 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6

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Attorneys for Complainant
United States of America

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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IN THE MATTER OF THE
EXTRADITION OF

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HILMER ALFONSO ESTE MONTOYA,

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A fugitive from the Government
of Australia.

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Case No. CV 13-1445-VAP (PJWx)
[PROPOSED] CERTIFICATION OF
EXTRADITABILITY AND ORDER OF
COMMITMENT
[18 U.S.C. § 3184]

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The Court has received the Complaint filed on December 12,

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2012, by Diana M. Kwok, Assistant United States Attorney for the

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Central District of California, for and on behalf of the

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Government of Australia, pursuant to that Government’s request

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for the provisional arrest of HILMER ALFONSO ESTE MONTOYA.

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Government of Australia, subsequent to that date, made a formal

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request for the extradition of HILMER ALFONSO ESTE MONTOYA. The

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Court has also received a Stipulation to Simplified Extradition

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executed by HILMER ALFONSO ESTE MONTOYA, Deputy Federal Public

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Defender Jennifer Uyeda, and Assistant United States Attorney

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Diana M. Kwok.

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The

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The fugitive, HILMER ALFONSO ESTE MONTOYA (hereinafter "the

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fugitive"), having appeared before the undersigned judicial

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officer, represented by counsel, on March 26, 2013, and having

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entered into the foregoing stipulation,

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THE COURT HEREBY FINDS as follows:

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1.

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The fugitive's stipulation to the elements of

extradition is intelligent and voluntary.
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The fugitive is wanted by Australian authorities to

face prosecution for: (a) conspiracy to import a commercial

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quantity of a border controlled drug, namely 135 kilograms of

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cocaine, in violation of sections section 307.1 of the Criminal

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Code Act (Cth) by virtue of section 11.5 of the Criminal Code

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Act 1995 (Cth); (b) attempt to possess a commercial quantity of

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a border controlled drug, namely 135 kilograms of cocaine, in

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violation of section 307.5 of the Criminal Code Act (Cth) by

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virtue of section 11.1 of the Criminal Code Act 1995 (Cth); and

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(c) conspiracy to manufacture a commercial quantity of a border

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controlled drug, namely cocaine, in violation of section

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305.3(1) of the Criminal Code Act (Cth) by virtue of section

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11.5(1) of the Criminal Code Act 1995 (Cth).

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fugitive’s arrest was issued on December 8, 2012, by an

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authorized officer of the Local Court, New South Wales.

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3.

A warrant for the

All of the elements of extradition are met,

specifically:
a.

The undersigned judicial officer, United States

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Magistrate Judge Patrick Walsh, and the court on which that

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judicial officer sits, have jurisdiction to conduct extradition

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proceedings.

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b.

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The undersigned judicial officer, United States

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Magistrate Judge Patrick Walsh, and the court on which that

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judicial officer sits, have jurisdiction over the fugitive.
c.

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United States of America and Australia.
d.

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The fugitive is sought for offenses for which the

applicable treaty permits extradition.
e.

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An extradition treaty is in force between the

The fugitive is the subject of the arrest warrant

issued for the arrest of HILMER ALFONSO ESTE MONTOYA on December

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8, 2012, by an authorized officer of the Local Court, New South

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Wales, and there is probable cause to believe that HILMER

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ALFONSO ESTE MONTOYA is guilty of the offenses alleged in that

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arrest warrant.

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4.

There are no facts that bar the extradition of the

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fugitive under the extradition treaty between the United States

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and Australia.

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Based on the foregoing findings, the undersigned judicial

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officer concludes that HILMER ALFONSO ESTE MONTOYA is

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extraditable for each offense for which extradition was

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requested, and certifies this finding to the Secretary of State

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as required under Title 18, United States Code, Section 3184.

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IT IS THEREFORE ORDERED that the Clerk of the Court deliver

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to the Assistant United States Attorney a certified copy of this

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Certification of Extraditability and the executed Stipulation to

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Simplified Extradition and, further, that the Clerk forward

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certified copies of the same to the United States Secretary of

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State (to the attention of the Legal Adviser) and the Director,

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Office of International Affairs, Criminal Division, U.S.

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Department of Justice, in Washington, D.C., for the appropriate

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disposition.

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IT IS FURTHER ORDERED that HILMER ALFONSO ESTE MONTOYA be

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committed to the custody of the United States Marshal pending

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final disposition of this matter by the United States Secretary

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of State and arrival of agents of the requesting state, at which

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time HILMER ALFONSO ESTE MONTOYA will be transferred to the

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custody of the agents of the requesting state at such time and

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place as mutually agreed upon by the United States Marshal and

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the duly authorized representatives of the Government of

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Australia to be transported to Australia.

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IT IS SO FOUND AND ORDERED this 26th day of March, 2013.

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HON. PATRICK WALSH
United States Magistrate Judge

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Presented by:

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/s/
DIANA M. KWOK
Assistant United States Attorney

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