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LO DUCA v. U.S.

No. 734, Docket 95-2462.

93 F.3d 1100 (1996)

Paolo LO DUCA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Courts of Appeals, Second Circuit.

Decided August 29, 1996.

Attorney(s) appearing for the Case

James W. Shannon, Jr., Washington, D.C. (Gregory B. Craig, Matthew J. Herrington, Williams & Connolly, Washington, D.C.; Judd Burstein, Robert N. Fass, Marc Fernich, New York City, on the brief), for petitioner-appellant.

Scott R. McIntosh, Washington, D.C., Laura A. Ward, Asst. U.S. Atty., Brooklyn, N.Y. (John C. Keeney, Acting Asst. Atty. Gen., Douglas N. Letter, U.S. Dept. of Justice, Washington, D.C.; Zachary W. Carter, U.S. Atty., Emily Berger, Susan Corkery, Asst. U.S. Attys., Brooklyn, N.Y., on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, and KEARSE, Circuit Judge, and WEXLER, District Judge.

JON O. NEWMAN, Chief Judge:

This appeal presents a novel challenge to the constitutionality of the United States extradition statute, 18 U.S.C. § 3184 (1994), which has governed the extradition of fugitives found in this country for nearly 150 years. Petitioner-appellant Paolo Lo Duca appeals from the July 24, 1995, judgment of the United States District Court for the Eastern District of New York (David G. Trager, Judge), dismissing his petition for a writ of...

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