Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Casco-Ayala

United States District Court, W.D. Virginia, Charlottesville Division

November 8, 2019

UNITED STATES OF AMERICA,
v.
DARWIN DANIEL CASCO-AYALA, Defendant.

          MEMORANDUM OPINION

          Norman K. Moon Judge

         In this case, Defendant was found and arrested in the Western District of Virginia on a warrant issued out of the Western District of Texas on allegations that Defendant had violated the terms of his supervised release. The Magistrate Judge in the Western District of Virginia found that Defendant was the person named in the warrant, found probable cause of the violation and ordered he be transferred to the Western District of Texas. Defendant purports to appeal from the Magistrate Judge's identity determination and transfer order to a United States District Judge of the Western District of Virginia, rather than to the transferee court, which here is the Western District of Texas.

         This Court concludes that it has no jurisdiction to hear Defendant's appeal of these orders and dismisses the appeal, without prejudice to Defendant's ability to raise any such arguments in the Western District of Texas.

         BACKGROUND

         1. Underlying Criminal Proceedings in Texas

         In August 2017, the Government filed an Information that charged Defendant with knowingly possessing an unlawful identification document, namely, a fraudulent 1-94 document, with the intent to defraud the United States, in violation of 18 U.S.C. §§ 1028(a)(4) and (b)(6). Dkt. 7, United States v. Casco-Ayala, 2:17-cr-00950 (W.D. Tex., filed Aug. 29, 2017). The charged offense is a misdemeanor.

         Defendant pleaded guilty to the charged offense. In February 2018, the United States District Court for the Western District of Texas entered judgment against Defendant, imposed a sentence of time served, and ordered Defendant's immediate release from imprisonment. Dkt. 30 (filed Feb. 6, 2018). That court also sentenced Defendant to a one-year term of supervised release that would commence upon his release from imprisonment.

         In April 2018, Defendant's probation officer in Texas petitioned that court to revoke Defendant's term of supervision and issue a warrant, on the grounds that Defendant failed to comply with a standard condition of his supervision that required him to immediately report to the nearest probation office in Virginia after Defendant was released from the custody of Immigration and Customs Enforcement in February 2018. Dkt. 33 (filed April 24, 2018). The U.S. District Court for the Western District of Texas issued a warrant for Defendant's arrest.

         2. Arrest and Appearance Before Magistrate Judge in Virginia

         On or about October 8, 2019, Defendant was arrested in the Western District of Virginia. United States v. Casco-Ayala, 3:19-mj-00055 (W.D. Va. docket entry dated Oct. 8, 2019). The Magistrate Judge conducted Defendant's initial appearance under Fed. R. Crim. P. 32.1 regarding the revocation of his supervised release, and ordered Defendant detained pending a detention hearing. Dkt. 4, 7 (filed Oct. 8, 2019). At that initial appearance, Defendant requested an identity hearing and a certified copy of the warrant, and the Court set a hearing date on October 16, 2019. Dkt. 4 (court minutes).

         On October 10, 2019, Defendant filed a motion requesting from the Magistrate Judge a preliminary hearing pursuant to Rule 32.1(a)(5)(A) of the Federal Rules of Criminal Procedure, which the Magistrate Judge granted by oral order the following day. Dkt. 11, 12.

         On October 16, 2019, the Magistrate Judge held identity and probable cause hearings. Therein, the Magistrate Judge found Defendant was the person named in the warrant from the Western District of Texas, found probable cause that Defendant had in fact violated the terms of his supervised release, and ordered the Defendant released on bail, on condition that he report to the U.S. Probation Office on a weekly basis and that he appear in the Western District of Texas for any court proceedings. See Dkt. 13-19. Thereafter, the Clerk's Office in this District transferred this matter to the Western District of Texas on or about October 21, 2019. Dkt. 37-41, United States v. Casco-Ayala, 2:17-cr-00950 (W.D. Tex.).

         3. Defendant's Appeal to this Court

         On October 23, 2019, Defendant filed a Notice of Appeal from the Magistrate Judge's October 16, 2019 removal order and filed such notice in the Magistrate Judge's docket in the Western District of Virginia. Dkt. 20, United States v. Casco-Ayala, 3:19-mj-00055 (W.D. Va. Oct. 23, 2019). Defendant purported, pursuant to Fed. R. Crim. P. 58(g)(2), to appeal "from the order removing him to the Western District of Texas issued by the United States Magistrate Judge on October 16, 2019." Dkt. 20 at 1. Defendant acknowledged that "appeals of Rule 5 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.