· 6/26/1980
Francesco Caltagirone v. George v. Grant, United States Marshal
Citations
- 629 F.2d 739
- 1980 U.S. App. LEXIS 16234
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Sixth Amendment applies only to criminal prosecutions and therefore not to an extradition
- reversing the district court, which “simply noted that an Italian warrant of arrest was outstanding [and] saw no need to determine whether a sufficient showing had been made to support an arrest under United States law”
- probable cause means a showing that there was reason to believe a crime had been committed in that foreign country, and that defendant had committed it
- “Treaty does not contemplate a review of the validity, under Italian law, of the Italian arrest warrants”
- “The Sixth Amendment by its terms applies only to ‘criminal prosecutions,’ and an extradition proceeding is not a ‘criminal prosecution.’”
- “Had the offense [the fugitive was charged with] been committed in the United States, a showing of probable cause would have been necessary to justify the issuance of an arrest warrant.
Source: CourtListener parenthetical corpus (CC0).
Judges: Kaufman, Timbers, Mishler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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