UNITED STATES OF AMERICA v. ALBERTO HERNANDEZ-FUNDORA, (N.D.N.Y. 1995)

THOMAS McAVOY, District Judge.

The judgment of the Court entered herein is hereby vacated and leave of Court is hereby granted for the filing of the dismissal of the indictment on the basis of the government's motion conceding that Raybrook Federal Correctional Institution is not within the "territorial jurisdiction" of the United States within the meaning of 18 U.S.C. § 7(3). The defendant is ordered released from custody on the above-captioned indictment.

IT IS SO ORDERED.