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· 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 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.