By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
FEDERAL COURT, Sept 9 – A multi-defendant Federal narcotics conspiracy case out of Kansas resulted in a removal hearing on Friday, September 3 before District Court for the District of Columbia Magistrate Judge Zia M. Faruqui. Inner City Press covered that hearing - and another that did not occur due to timing.
Defendant Santiago Gamboa-Saenz was waiting in detention for his hearing. But because hearing cannot continue past 5 pm in the DDC, Judge Faruqui said this defendant will remain locked up at least until Tuesday. The defendant was not present to hear it, and his assigned counsel made a formal objection.
The defendant who got a hearing, Frank Gallo De Le Cruz, is not a citizen but his lawyer did not want to say of which country he is a citizen. Judge Faruqui noted that might be consistent with the Fifth Amendment right not to self-incriminate.
On September 9, De La Cruz with a new CJA lawyer was again before Judge Faruqui. But he was not released, despite efforts by Judge Faruqui. His landlord in DC will not let him back in; the lawyer mentioned calling Mexico. He will be transferred back to Kansas by BOP, probably through Oklahoma (a/k/a diesel therapy). How long will it take? Judge Faruqui said two to four weeks, or he'll see De La Cruz on September 21. There was talk of re-sealing the case.
An Assistant US Attorney from Kansas, with a British accent, described search warrants on lockers and the home of a suspected coorderator being burned down.
Judge Faruqui said that the DC Circuit's decision in the Januaty 6 Munchel case militated for releasing the defendant - but that the Munchel case is not binding on the District of Kansas, which could appeal his release.
So he put the case over untli Tuesday, with the defendant still detained.
The AUSA from Kansas said he had not expected to be appearing by Zoom and so had not dressed up. He said he has another virtual appearance in Colorado.
This case in DC is US v. Gamboa-Saenz, et al, 21-mj-589 (Zaruqui)
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