Second Circuit: United States v. Garavito-Garcia


International Law, Crim, Conspiracy, Double Jeopardy

Treaty language requiring release within thirty days if not extradited did not create a private right for the deft - the right belongs to the state party.  Comity requires that US courts recognize the decision by the state party declining to uphold the claim.

Sufficient evidence, given taped conversations.

Court's supplemental "mere presence" instruction was a correct statement of the law of conspiracy.

Indictment not duplicitous, as one count requires providing assistance to a group that commits a terrorist act, and another requires providing assistance to a group listed as a terrorist organization.


United States v. Garavito-Garcia