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MIRONESCU v. COSTNER

No. 06-6457.

480 F.3d 664 (2007)

Petru MIRONESCU, Petitioner-Appellee, v. Harlon E. COSTNER, United States Marshal for the Middle District of North Carolina, Respondent-Appellant, and William Schatzman, Sheriff of Forsyth County, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 2007.

Attorney(s) appearing for the Case

ARGUED: Douglas Neal Letter, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellant.

Gregory Davis, Assistant Federal Public Defender, Office of the Federal Public Defender, Winston-Salem, North Carolina, for Appellee. ON BRIEF: Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Office of Immigration Litigation, Washington, D.C.; Anna Mills Wagoner, United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellant. Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellee.

Before WILKINS, Chief Judge, WIDENER, Circuit Judge, and DAVID A. FABER, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge WIDENER and Judge FABER joined.

OPINION

WILKINS, Chief Judge.

Harlon E. Costner, United States Marshal for the Middle District of North Carolina ("the Government"), appeals a district court order denying a motion to dismiss Petru Mironescu's habeas corpus petition, see 28 U.S.C.A. § 2241 (West 2006), and enjoining the Government from extraditing...

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