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United States v. Colborn

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Dec 1, 2015

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on Defendant Robert F. Colborn's Motion for Order Regarding Waiver of Extradition, filed June 24, 2014 (Doc. 52)("Motion"). The Court held a hearing on February 3, 2015. In his Motion, Defendant Robert F. Colborn asked the Court to grant him "a waiver of extradition" so he could "seek a final disposition, or plea on [his] revocation of probation." Motion at 1. At the hearing, Colborn stated that, because of the Court's resolution of his federal case, his Motion was moot, because he filed the Motion to get into federal custody so that he could handle his federal case. See Transcript of Hearing at 29:3-7 (taken February 3, 2015)("Tr.")(Robins: "I guess at this point, it is moot."). Both parties agreed that the Court should order that the Motion is moot. See Tr. at 29:9-15 (Court, Robins, Wang). For this reason, and the reasons stated at the hearing on the record, the Court will deny Colborn's Motion as moot.

The Court's citations to the transcript of the hearing refer to the court reporter's original, unedited version. Any final transcript may contain slightly different page and/or line numbers. --------

IT IS ORDERED that Defendant Robert F. Colborn's Motion for Order Regarding Waiver of Extradition, filed June 24, 2014 (Doc. 52), is denied as moot.

/s/_________


UNITED STATES DISTRICT JUDGE

Counsel:

Damon P. Martinez


United States Attorney
Lynn Wei-Yu Wang


Assistant United States Attorney
United States Attorney's Office
Albuquerque, New Mexico


Attorneys for the Plaintiff Jacquelyn Robins
Albuquerque, New Mexico

Attorney for the Defendant-Petitioner