Bahna

Proceedings: DECISION RE: DEFENDANT’S MOTION TO DISMISS COMPLAINT

On December 15, 2005, United States Magistrate Judge Paul L. Abrams signed a Complaint charging Defendant Hanny Fouad Bahna (“Hanny”) with a violation of 18 U.S.C. § 371 (conspiracy), and issued a warrant for Hanny’s arrest. Hanny made her initial appearance following her arrest before United States Magistrate Judge Victor B. Kenton on December 16, 2005. At that time, at the request of Hanny’s counsel, the detention hearing [the Government moved for detention] was continued to December 20, 2005 at 3:00 p.m., Hanny was temporarily detained pending this hearing. Hanny’s counsel reserved his right to move to dismiss the Complaint for failure of probable cause, and the Court ordered that Hanny’s motion be filed by December 19, 2005 and the Government’s opposition by December 20, 2005. The Court has now received Han-ny’s Memorandum of Points and Authorities re: Probable Cause, and the Government’s Opposition to Hanny’s Motion to Dismiss the Complaint.

F.R.Crim.P 4(a) requires that a criminal complaint and supporting affidavit set forth “probable cause to believe an offense has been committed and that the defendant has…