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Hathaway v. United States

United States District Court, E.D. Missouri, Eastern Division

December 9, 2019

RALPH DAVID HATHAWAY, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          MEMORANDUM AND ORDER

          STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon movant Ralph David Hathaway's "motion under 18 U.S.C. § 4 for misprision of a felony for a charge under 18 U.S.C. § 1209-federal kidnapping." For the reasons explained below, the motion will be denied, and this case will be dismissed.

         Background

         On July 27, 2015, movant appeared before Magistrate Judge Shirley P. Mensah for his initial appearance in case number 4:15-MJ-7217-SPM. Movant was represented by Beverly Beindiek. At this initial appearance, movant was advised of the nature of his offense, the right to be represented by counsel and the right to have counsel appointed. The government made an oral motion for detention. According to the courtroom minute sheet, "Defendant waives identity hearing, preliminary hearing and detention hearing in this District." Movant was remanded to custody, and a detention hearing was set for July 30, 2015. See United States v. Hathaway, No. 4:15-MJ-7217-SPM, ECF No. 1.

         On that same date, movant and his attorney signed a "Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment)." Id. at ECF No. 4. The waiver stated:

WAIVER OF RULE 5 & 5.1 HEARINGS (Complaint or Indictment)
I understand that I have been charged in another district, the Central District of Illinois I have been informed of the charges and my rights to:
(1) retain counsel or request the assignment of counsel if I am unable to retain counsel;
(2) an identity hearing to determine whether I am the person named in the charges;
(3) production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either;
(4) a preliminary hearing within 14 days of my first appearance if I am in custody and 21 days otherwise-unless I am indicted-to determine whether there is probable cause to believe that an offense has been committed;
(5) a hearing on any motion by the government for detention;
(6) request transfer of the proceedings to this district under Fed. R. Crim. P. ...

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