United States v. Antoine

MEMORANDUM AND ORDER

DORA L. IRIZARRY, District Judge:

The defendant, Brent K. Antoine 1 , appeals from United States Magistrate Judge James Orenstein’s March 21, 2011 order removing him, pursuant to Federal Rule of Criminal Procedure (“Rule”) 5(c)(3)(D)(ii), to the Western District of Pennsylvania for prosecution pursuant to an arrest warrant issued in that district on November 30, 2010. Defendant argues that: (i) probable cause is not the appropriate standard for a determination of identity in a Rule 5 removal proceeding and, (ii) even if probable cause is the appropriate standard, the…