Sixth Circuit: Avelino Cruz Martinez v. USA


En Banc, International, Extradition


Issuance of arrest warrant stops the clock for purposes of statutes of limitations referenced in extradition treaties.

Treaty reference to lapse of time does not incorporate the speedy trial guarantee.

Concur in J -- Speedy Trial analysis doesn't follow textually, but is correct given the purposes of treaty.

Dissent 1 - Treaty incorporates the guarantee -- plain meaning.

Dissent 2 - Translation inaccurate.

Avelino Cruz Martinez v. USA
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