Legal Opinion
David Lee CLAREY, Petitioner-Appellant, v. Stephen S. GREGG, U.S. Marshall for the Southern District of California, Respondent-Appellee
Court of Appeals for the Ninth Circuit
Decided March 9, 1998No. 96-55193PublishedCited by 30 opinions
1Opinion of the Court
CANBY, Circuit Judge:
David Lee Clarey challenges his extradition to Mexico on murder charges. He contends that his extradition would violate the doctrine of dual criminality and that it is barred by the analogous United States statute of limitations. We affirm the denial of his habeas corpus 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…
2Cases cited15 opinions
- Hayburn's CaseSupreme Court of the United States · 1792
- Collins v. LoiselSupreme Court of the United States · 1922
- Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the Southern District of New YorkCourt of Appeals for the Second Circuit · 1973
- United States v. Zulquarnan KhanCourt of Appeals for the Ninth Circuit · 1993
- Hampton v. DittySupreme Court of the United States · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Keith E. AndersonCourt of Appeals for the Ninth Circuit · 2006
- John Evangelist (Thomas) Murphy v. United StatesCourt of Appeals for the Second Circuit · 1999
- Manta v. ChertoffCourt of Appeals for the Ninth Circuit · 2008
- Man-Seok Choe v. TorresCourt of Appeals for the Ninth Circuit · 2008
- Sainez v. VenablesCourt of Appeals for the Ninth Circuit · 2009
25 more not listed; retrieve them via the Exa API.