United States District Court, W.D. Virginia, Charlottesville Division
K. Moon Judge
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.
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.
Underlying Criminal Proceedings in Texas
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
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
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.
Arrest and Appearance Before Magistrate Judge in
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).
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.
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.).
Defendant's Appeal to this Court
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 ...