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· 3/9/1998

David Lee CLAREY, Petitioner-Appellant, v. Stephen S. GREGG, U.S. Marshall for the Southern District of California, Respondent-Appellee

Citations

  • 138 F.3d 764
  • 98 Daily Journal DAR 2335
  • 98 Cal. Daily Op. Serv. 1660
  • 1998 U.S. App. LEXIS 4041
  • 1998 WL 97370

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • interpreting a treaty between Mexico and the United States, under which a person “shall not” be extradited when his prosecution “has become barred by lapse of time according to the laws of the requesting or requested Party” (emphasis added)
  • comparing simple homicide in Mexico and felony murder in the U.S.
  • “The primary focus of dual criminality has always been on the conduct charged ... .”
  • sufficient if “‘the laws of the both the requesting and the requested party appear to be directed to the same basic evil.’”
  • “The object of Article 7 of the Treaty is to preclude extradition of a person whose prosecution in the United States would offend our national statute of limitations if he had committed his criminal conduct here.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canby, Thompson, Molloy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.