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WARD v. RUTHERFORD

No. 89-5413.

921 F.2d 286 (1990)

Thomas J. WARD, Appellant, v. Herbert M. RUTHERFORD, III, United States Marshal for the District of Columbia, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 1990.

Attorney(s) appearing for the Case

John G. Kester, with whom David D. Aufhauser and Howard W. Gutman, Washington, D.C. were on the brief, for appellant.

John C. Cleary, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Washington, D.C. were on the brief, for appellees.

Before: RUTH BADER GINSBURG, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

Appellant Thomas J. Ward is a United States citizen whose extradition is sought by the United Kingdom. In this action for a writ of prohibition, Ward contends that Article III and the Fifth Amendment command that his extradition proceedings be conducted by an Article III judge, not by a magistrate. The district court upheld the constitutionality of the statute...

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