United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE
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
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.
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
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. ...