United States v. Herbert

OPINION & ORDER

STEIN, District Judge.

George Enrique Herbert has been charged in a two-count indictment with violating 21 U.S.C. § 963 by participating in a conspiracy to import cocaine into the United States in violation of 21 U.S.C. §§ 812, 952(a) and 960(b)(l)(B)(ii) and distribution of cocaine with the intent that it be imported into the United States in violation of 21 U.S.C. §§ 812, 959(a) and 960(b)(l)(B)(ii). Herbert now moves 1) to dismiss the indictment pursuant to Fed. R.Crim.P. 12(b)(l)(2) on the grounds that this prosecution violates the extradition treaty the United States has…