UNITED STATES of America, Plaintiff-Appellant, v. John Byrnes EVANS, Defendant-Appellee

Evans was arrested in Arizona on a warrant arising out of proceedings commenced in the Northern District of West Virginia. After an Arizona magistrate judge ordered Evans detained without bail, Evans sought review of that order in the Arizona district court. The district court ordered Evans released on $100,000 bond. The government appeals, arguing that the Arizona district court did not have jurisdiction to review the magistrate judge’s order. I agree, and so concur generally with Judge Hug’s opinion vacating the district court’s order of release. I write separately to explain my reasoning.

Th…