In the Matter of the Requested Extradition of James Joseph Smyth. United States of America v. James Joseph Smyth

ORDER

The court has received and reviewed the district court’s supplemental findings of fact, which were submitted pursuant to this court’s limited remand of September 8, 1992. The court concludes that the record does not support the district court’s finding of “special circumstances.” The need to consult with counsel, gather evidence and confer with witnesses, although important, is not extraordinary; all incarcerated defendants need to do these things. See, e.g., Koskotas v. Roche, 931 F.2d 169 (1st Cir.1991) (need to consult with counsel insufficient to justify release); In the Matter of…