Document Type

Article

Publication Date

1-7-1992

Abstract

Appellant United States (the government) appeals from a judgment entered July 17, 1991, in the Southern District of New York, Robert J. Ward, District Judge, granting appellee McMullen's petition for a writ of habeas corpus. The district court held that the Supplementary Extradition Treaty between the United States and the United Kingdom of Great Britain and Northern Ireland, effective December 23, 1986, amending the Extradition Treaty between the same parties effective January 763*763 21, 1977, 28 U.S.T. 227, T.I.A.S. No. 8468, is an unlawful bill of attainder (U.S. Const. art. I, § 9, cl. 3) as applied to McMullen. McMullen has been held without bail since December 24, 1986, pending the resolution of this matter.

The sole issue, as stated by the district court, is "whether the Government constitutionally may attempt to extradite McMullen under an amended extradition treaty which removes a defense to extradition successfully asserted by him in a previous extradition proceeding brought pursuant to the prior treaty." Matter of Extradition of McMullen, 769 F.Supp. 1278, 1281 (S.D.N.Y.1991).

On appeal, the government contends that the district court erred in holding that the Supplementary Extradition Treaty violates the bill of attainder clause as applied to McMullen. We affirm.

Comments

953 F.2d 761 (1992) Peter John Gabriel McMULLEN, Appellee, v. UNITED STATES of America, Appellant. Nos. 653, 654, Dockets 91-2402, 91-2420. United States Court of Appeals, Second Circuit.

Argued December 3, 1991. Decided January 7, 1992.

Judge Miner's dissent begins at page 769

New York Law School location: File #1368, Box #129

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