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ORDINOLA v. HACKMAN

No. 06-6126.

478 F.3d 588 (2007)

Wilmer Yarleque ORDINOLA, Petitioner-Appellee, v. John HACKMAN, Acting United States Marshal for the Eastern District of Virginia, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 22, 2007.

Attorney(s) appearing for the Case

ARGUED: Michael Alan Rotker, United States Department of Justice, Criminal Division, Washington, D.C., for Appellant.

Meghan Suzanne Skelton, Office of the Federal Public Defender, Alexandria, Virginia, for Appellee. ON BRIEF: Jason E. Carter, United States Department of Justice, Criminal Division, Office of International Affairs, Washington, D.C.; Paul J. McNulty, United States Attorney, Jeanine Linehan, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Michael S. Nachmanoff, Acting Federal Public Defender, Alexandria, Virginia, for Appellee.

Before WILLIAMS and TRAXLER, Circuit Judges, and THOMAS E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge JOHNSTON concurred. Judge TRAXLER wrote a separate concurring opinion.

OPINION

WILLIAMS, Circuit Judge.

Pursuant to the bilateral Extradition Treaty between the United States and Peru, see Extradition Treaty, U.S.-Peru, July 26, 2001, S. Treaty Doc. No 107-6 ("Extradition Treaty"), the United States Government...

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