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UNITED STATES v. DOHERTY

No. 499, Docket 85-6248.

786 F.2d 491 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph Patrick Thomas DOHERTY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 13, 1986.

Attorney(s) appearing for the Case

Thomas E. Moseley, Asst. U.S. Atty., for the S.D. of N.Y. (Rudolph W. Giuliani, U.S. Atty., for the S.D. of N.Y., Steven E. Obus, Asst. U.S. Atty., for the S.D. of N.Y., of counsel), for plaintiff-appellant.

Mary Boresz Pike, New York City, (Somerstein & Pike, New York City), for defendant-appellee.

Before FRIENDLY, CARDAMONE and WINTER, Circuit Judges.

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. § 31841 refuses to certify a person sought to be extradited under...

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