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CLAREY v. GREGG

No. 96-55193.

138 F.3d 764 (1998)

David Lee CLAREY, Petitioner-Appellant, v. Stephen S. GREGG, U.S. Marshall for the Southern District of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Benjamin L. Coleman, Federal Public Defender, San Diego, CA, for appellant.

Sara Criscitelli, Assistant United States Attorney, San Francisco, CA, for appellee.

Before: CANBY, Jr. and THOMPSON, Circuit Judges, and MOLLOY, District Judge.

CANBY, Circuit Judge:

David Lee Clarey challenges his extradition to Mexico on murder charges. He contends that his extradition would violate the doctrine of dual criminality and that it is barred by the analogous United States statute of limitations. We affirm the denial of his habeas corpus petition.

BACKGROUND

According to Mexican judicial authorities, Clarey beat and robbed James Bishop in Guanajuato, Mexico on September 25, 1986. Bishop died...

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