United States v. Joseph Patrick Thomas Doherty

FRIENDLY, Circuit Judge: *

On this appeal we are required to deal, as we were in Matter of Mackin, 668 F.2d 122 (2 Cir.1981), with an attempt by the Government to escape from the long held principle that when an extradition magistrate acting under 18 U.S.C. § 3184 1 refus es to certify a person sought to be extradited under an extradition treaty, the Government’s sole recourse is to submit a request to another extradition magistrate. In Mac-kin the attempted escape route was an appeal of the denial of certification to this court; we held that an appeal did not lie. Here the attempted escape…