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CourtSouthern District of New York
Docket number1:2013-cr-00254-LTS
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392013-09-20 MEMORANDUM & OPINION as to (13-Cr-254-01) Jose Antonio Trad Gonzales. This motion to dismiss an indictment presents the question of what is required to prove that a non-resident of the United States is a fugitive from justice. Defendant Jose Antonio Trad Gonzales ("Defendant" or "Trad Gonzales"), charged pursuant to 21 U.S.C. § 846 in a one-count Indictment with conspiracy to possess with intent to distribute cocaine, from 2006 to 2007, in violation of 21 U.S.C. §& #167; 841(a)(1) and (b)(1)(A), moves to dismiss with prejudice all charges against him, citing 18 U.S.C. § 3282 and arguing that the 2013 indictment filed in this matter was untimely. Trad Gonzales was arrested on March 28, 2013, as he attempted to re-enter the United States from Mexico. The Government asserts that Trad Gonzales' indictment is timely because the statute of limitations was tolled pursuant to 18 U.S.C. § 3290 by reason of the Defendant's alleged flight from jus tice, inferred from his lack of recorded border crossings into the United States from 2007 to 2013. The Court held an evidentiary hearing on Trad Gonzales' motion on Tuesday, September 10, 2013, and Thursday, September 12, 2013. Having carefully considered the testimony at the hearing, the parties' initial and supplemental submissions and their arguments, for the following reasons, the Court grants Defendant's motion. This Memorandum Opinion and Order sets forth the Court's f indings of fact for purposes of Federal Rule of Criminal Procedure 12(d) and its conclusions of law....[See Memorandum Opinion And Order]... CONCLUSION: Accordingly, Defendant's motion seeking dismissal of the indictment is granted. This Memoran dum Opinion and Order resolves docket entry number 14. Trad Gonzales shall be released from the custody of the United States Marshals Service as of 12:00 p.m. noon on Monday, September 23, 2013. The Clerk of Court is hereby directed to enter judgment dismissing the superseding indictment and to close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/19/2013)(bw)