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HU YAU-LEUNG v. SOSCIA

No. 855, Docket 80-2356.

649 F.2d 914 (1981)

HU YAU-LEUNG, Petitioner-Appellee, v. Louis SOSCIA, United States Marshal for the Eastern District of New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Ben Wiles, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for respondent-appellant.

Phylis Skloot Bamberger, New York City (The Legal Aid Soc., Federal Defender Services Unit, Marion Seltzer, of counsel), for petitioner-appellee.

Before LUMBARD, NEWMAN, Circuit Judges, and TENNEY, District Judge.

LUMBARD, Circuit Judge:

The United States Marshal appeals from the judgment of the District Court for the Eastern District of New York, Weinstein, Ch. J., granting a writ of habeas corpus and denying extradition of Hu Yau-Leung, a British subject and former Hong Kong resident now living in Brooklyn, New York. The district court held that because of Hu's age at the time of the crime for which his extradition was sought, the requirement of the applicable extradition...

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