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Clarey v. Gregg

March 09, 1998

DAVID LEE CLAREY, PETITIONER-APPELLANT,
v.
STEPHEN S. GREGG, U.S. MARSHALL FOR THE SOUTHERN DISTRICT OF CALIFORNIA, RESPONDENT-APPELLEE.



D.C. Nos. CV-95-03763-IEG CR-95-01726-M

Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, District Judge, Presiding Argued and Submitted November 4, 1997 Pasadena, California

Before: William C. Canby, Jr. and David R. Thompson, Circuit Judges, and Donald W. Molloy,* District Judge.

The opinion of the court was delivered by: Canby, Circuit Judge:

FOR PUBLICATION

Opinion by Judge Canby

SUMMARY

COUNSEL

David Lee Clarey challenges his extradition to Mexico on murder charges. He contends that his extradition would vio- late the doctrine of dual criminality and that it is barred by the analogous United States statute of limitations. We affirm the denial of his petition.

BACKGROUND

According to Mexican judicial authorities, Clarey beat and robbed James Bishop in Guanajuato, Mexico on September 25, 1986. Bishop died of his injuries three weeks later. On November 4, 1986, a Mexican First Instance Criminal Court issued a warrant charging Clarey with simple homicide as proscribed by Article 201 of the Guanajuato Penal Code. On June 2, 1995, Mexico filed a request for Clarey's extradition in the United States District Court for the Southern District of California. An arrest warrant was issued that day and Clarey was arrested one week later.

The magistrate Judge held a two day hearing and ordered Clarey extradited to Mexico. Clarey challenged the extradi- tion order by filing a petition for writ of in the district court. See Bozilov v. Seifert, 983 F.2d 140, 142 (9th Cir. 1992) (extradition order unappealable and subject to chal- lenge only by ). The district court denied Clarey's petition, and he appeals.

Discussion

We review de novo questions of the interpretation of an extradition treaty. United States v. Merit, 962 ...


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