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U.S. v. ROSA

United States District Court, S.D. New York


March 18, 2004.

UNITED STATES OF AMERICA, -against- ISRAEL DE EA ROSA, Defendant

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant, who then was on parole in consequence of a New York State conviction, was convicted in this Court of a narcotics violation on his plea of guilty and, on January 8, 2001, sentenced principally to a term of imprisonment of 188 months. He now is an inmate at FCI Elkton. He moves to dismiss a detainer warrant filed against him by the State of New York.

Defendant previously moved this Court for an order terminating his state parole. That motion was denied on June 24, 2003, essentially on the ground that this Court lacked jurisdiction, at least absent the filing of a petition for a writ of habeas corpus. The same is true of the present application.

  Accordingly, the motion to dismiss New York State's detainer warrant against defendant is denied for lack of jurisdiction. This is without prejudice to any proceedings defendant may bring in the State courts and any petition in an appropriate United States district court for a writ of habeas corpus.

  SO ORDERED.

20040318

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