WANG v. MASAITIS

No. 04-55772.

416 F.3d 992 (2005)

Michael WANG, Petitioner-Appellant, v. Robert MASAITIS, U.S. Marshal, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2005.


Attorney(s) appearing for the Case

Hoyt Sze, Office of the Federal Public Defender, Santa Ana, CA, for the petitioner-appellant.

Mark C. Krause, Office of the United States Attorney, Los Angeles, CA, for the respondent-appellee.

Before FERGUSON, NOONAN, and HAWKINS, Circuit Judges.


Opinion by Judge HAWKINS; Dissent by Judge Ferguson

MICHAEL DALY HAWKINS, Circuit Judge.

We must decide whether, under the Treaty Clause of the Constitution, the United States may enter into a "treaty" with a non-sovereign entity, such as Hong Kong. We conclude that such a treaty is constitutional, and therefore uphold the validity of the "Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of...

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