Saldana-Beltran
United States v. Saldana-Beltran
Opinion
Lead Opinion
Benitez, J.
ORDER AFFIRMING THE MAGISTRATE JUDGE’S IDENTITY FINDING AND LIFTING THE STAY OF REMOVAL
This is an appeal from a Magistrate Judge’s identity determination and order of transfer. For the following reasons, the Magistrate Judge’s identity determination is affirmed and the stay of the order to transfer the defendant is lifted.
BACKGROUND
On January 16, 2013, Alan Saldana-Bel-tran was indicted by a grand jury in the Northern District of Ohio. (AR 1 at 34.) Alan Saldana-Beltran was indicted for conspiracy to possess heroin with the intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), and 846. (Id. at 35.) An arrest warrant was issued on January 17, 2013. Appellant was arrested on May 1, 2014 in the Southern District of California. (Id. at 32, 45.) At his initial appearance on May 2, 2014, Appellant appeared before United States Magistrate Judge Peter C. Lewis. (Id. at 45.)
An identity and removal hearing was held on May 14, 2014. The Magistrate Judge found Appellant to be the person charged in the indictment and ordered the defendant transferred to the Northern District of Ohio for trial. (Id. at 46.) Defendant contests the finding that he is the *1183 same…