Legal Opinion

United States v. David Najohn

Court of Appeals for the Ninth Circuit

Decided April 1, 1986No. 84-1266PublishedCited by 61 opinions

1Per curiam

Najohn moved before trial to dismiss his indictment on the grounds that his prosecution and punishment would violate the specialty doctrine of federal extradition law. The district court denied his motion, and Najohn appealed. The government argued that the district court’s decision could not be appealed under the collateral order doctrine. The collateral order question has become moot, and we affirm on the merits because Switzerland has waived the specialty rule in this case.

I

Background

Najohn was indicted in the Eastern District of Pennsylvania and charged with interstate transportation of…

2Cases cited6 opinions

  1. Ker v. IllinoisSupreme Court of the United States · 1886
  2. United States v. RauscherSupreme Court of the United States · 1886
  3. Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
  4. Hampton v. DittySupreme Court of the United States · 1973
  5. Charles Laurent Fiocconi and Jean Claude Kella v. Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1972

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3Cited by61 opinions

  1. United States v. SaccocciaCourt of Appeals for the First Circuit · 1995
  2. United States v. Francis Ditommaso A/K/A "Checco", Rudolfo Risatti, A/K/A "Rudy", Sheila Silvetti, Victoriano Molina-ChaconCourt of Appeals for the Second Circuit · 1987
  3. United States v. Pantelis Antonakeas, AKA Alexx AntaeusCourt of Appeals for the Ninth Circuit · 2001
  4. Reza Emami v. United States District Court for the Northern District of California, Federal Republic of Germany, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1987
  5. United States v. Wilfried Van CauwenbergheCourt of Appeals for the Ninth Circuit · 1987

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