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U.S. v. BERKERY

Nos. 321, 322, Dockets 90-1255, 90-1258.

919 F.2d 817 (1990)

UNITED STATES of America, Appellee, v. Edward BERKERY and Michael T. Quinn, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 20, 1990.

Attorney(s) appearing for the Case

George A. Yanthis, Asst. U.S. Atty., Albany, N.Y. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., of counsel), for appellee.

Ronald F. Kidd, Duane, Morris & Heckscher, Philadelphia, Pa. (Teresa N. Cavanagh, Joshua Sarner, Duane, Morris & Heckscher, of counsel), for defendant-appellant Edward Berkery.

Syrie R. Davis, Oteri, Weinberg & Lawson, Boston, Mass. (Joseph S. Oteri, Martin G. Weinberg, Oteri, Weinberg & Lawson, of counsel), for defendant-appellant Michael T. Quinn.

Before KAUFMAN, MAHONEY and WALKER, Circuit Judges.

KAUFMAN, Circuit Judge:

A treaty between the United States and Britain, entered into in 1976, allows for the extradition of accused and convicted criminals apprehended in each other's jurisdiction. Its provisions, however, allow such transfer only for activities which constitute crimes in both countries. Thus, appellant Edward Berkery could not be extradited from England for his activities connected with the importation into the United States of phenyl-2-propanone...

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