Smyth

ORDER

On April 30, 1992, the United States Attorney filed a Complaint seeking a warrant for the provisional arrest of JAMES JOSEPH SMYTH for extradition to the United Kingdom of Great Britain. 18 U.S.C. § 3184 . On May 27, 1992, the U.S. Attorney filed an Indictment in this District charging Smyth with making a false statement in a passport application in violation of 18 U.S.C. § 1542 .

On June 3, 1992, Smyth was arrested on the passport charge in San Francisco, California and taken into custody. The U.S. Attorney withheld execution of the provisional arrest warrant issued on April 30. Smyth was arraigned on June 9, 1992. At the arraignment, Magistrate Judge Claudia Wilken heard arguments on defendant’s request to be released on bail pending trial on the passport charge. Magistrate Judge Wilken ordered that Smyth be detained pending trial on the passport charge. During the hearing, the government called to the attention of the magistrate judge both the false passport charge and the request for extradition by the United Kingdom.

On July 14, 1992, this court reversed the magistrate judge’s order denying Smyth’s request to be released pending trial. As Smyth was being held on the…