· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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