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Judge should dismiss Nemacolin man's appeal of extradition order, prosecutor says

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Tuesday, Jan. 8, 2013, 2:46 p.m.

A federal judge should dismiss a Nemacolin man's appeal of an extradition order because the government has already turned the man over to Mexico, a federal prosecutor said Tuesday.

Mexican officials have charged Dylan Ryan Johnson, 29, for the Sept. 7, 2003, death of Hilario Garcia Rosales, 16, at a hotel in Empalme Escobedo, in the Mexican state of Guanajuato.

U.S. Magistrate Judge Maureen Kelly ruled on Oct. 17 that Johnson could be extradited. Assistant Federal Public Defender W. Penn Hackney filed an appeal of that ruling on Dec. 17. Assistant U.S. Attorney Nelson Cohen said in his response that federal law required the government to hand over Johnson within two months of Kelly's ruling and federal marshals turned him over to Mexican officials on Dec. 14.

Since the court has no authority to order Mexico to return Johnson, the appeal is moot, Cohen said.

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