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SACIRBEY v. GUCCIONE

Docket Nos. 06-5137-pr (L), 07-0018-pr (con).

589 F.3d 52 (2009)

Muhamed SACIRBEY, Petitioner-Appellant, v. Joseph R. GUCCIONE, United States Marshal for the SDNY; Officer Dennis Spitzer, Chief Pretrial Services for the Southern District of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2009.

Attorney(s) appearing for the Case

James J. McGuire (Kesari Ruza, Timothy J. McCarthy, Elizabeth Rotenberg-Schwartz, Sean J. Kirby, of counsel), Sheppard, Mullin, Richter & Hampton LLP, New York, NY, for Petitioner-Appellant Muhamed Sacirbey.

Anjan Sahni, Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Jonathan S. Kolodner, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Respondents-Appellees Joseph R. Guccione and Dennis Spitzer.

Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal we consider whether an arrest warrant issued by a foreign court that no longer has jurisdiction over the accused, nor the power to enforce the warrant, can provide an adequate basis for the extradition of a United States citizen. This is a question of first impression-and the fact that this issue has not been previously decided should not be surprising. It is a rare circumstance where the very document that provides...

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