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U.S. v. HAVENS

No. 07-M-1009.

487 F.Supp.2d 335 (2007)

UNITED STATES of America v. Harrison Jack HAVENS, JR., Defendant.

United States District Court, W.D. New York.

May 4, 2007.

Attorney(s) appearing for the Case

Gregory L. Brown, U.S. Attorney's Office, Buffalo, NY, for United States of America.

Kimberly A. Schechter, Federal Public Defender Office, Buffalo, NY, for Defendant.

DECISION AND ORDER

McCARTHY, United States Magistrate Judge.

This Decision and Order attempts to reconcile what appears to be conflicting Second Circuit precedent concerning the authority of a magistrate judge in the district of arrest to conduct a detention hearing pursuant to 18 U.S.C. § 3142(f) prior to defendant's removal to the district of prosecution. For the reasons discussed herein, I conclude that I do have that authority.

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