United States Fourth Circuit

In case involving effort under a treaty to extradite petitioner, a Peruvian national, to Peru to stand trial for violent crimes, grant of habeas relief is vacated as the district court erred in finding there was no choice but to find that the crimes petitioner is alleged to have committed against noncombatant civilians were political offenses under the treaty with Peru.

Appellate Information

• Decided 02/22/2007
• Published 02/22/2007

Judges

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

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.