Felipe Cordova-Lopez is a foreign national subject to deportation to Mexico. On August 8, 2007, this court ordered Felipe Cordova-Lopez to be detained for twenty days as a material witness for the United States. The United States sought Mr. Cordova-Lopez’s testimony in the prosecution against a defendant who was charged with immigration offenses. However, on August 28, 2007, this court dismissed the material witness warrant against Mr. Cordova-Lopez because the defendant entered a guilty plea. As a result, there was no trial and Mr. Cordova-Lopez was never called to testify as a material witness.
On August 20, 2007, Mr. Cordova-Lopez filed the instant motion for material witness fees, arguing that pursuant to 28 U.S.C. § 1821(b) he should be compensated $40 for each day he was detained. (Doc. No. 39). The United States filed its opposition brief on August 30, 2007. (Doc. No. 52). Mr. Cordova-Lopez then filed a brief in support of his motion on August 31, 2007. (Doc. No. 53).