Friday, April 01, 2016

U.S. v. Alexander (9th Cir. - April 1, 2016)

Portions of today's opinion may sound like an April Fool's joke, but aren't:

"Almost immediately upon entering the United States, Alexander filed a motion to dismiss his indictment, claiming that the delay between the indictment and his arrest violated his constitutional right to a speedy trial. The district court held a hearing on the issue during which the U.S. and Canadian officials responsible for Alexander’s case testified that the process of extraditing a defendant from Canada can be a frustrating one. . . .

In this case, it took the U.S. prosecutor 9.6 months to submit a draft of the extradition request to OIA. It then took OIA four months to complete its initial review and return the draft to the prosecutor. Four months later, the request was provided to the Canadian authorities. Canada did not approve the request, however, and instead repeatedly returned it to the United States with demands for corrections or additional information. On each occasion, the United States prosecutor revised the request per Canada’s specifications, only to have Canada identify other reasons to return it. This process continued for over three years. According to the testimony at the hearing, this extensive back-and-forth between the United States and Canada was 'very typical.'"

Those darn Canadians.  If they don't shape up, they may find themselves invaded.  Again.