888 F.2d 204 (1st Cir. 1989), 88-2128, Matter of Extradition of Manzi

Docket Nº:88-2128.
Citation:888 F.2d 204
Party Name:In the Matter of the EXTRADITION OF Antonio MANZI. UNITED STATES of America, Petitioner, Appellee, v. Antonio MANZI, Respondent, Appellant.
Case Date:November 01, 1989
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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888 F.2d 204 (1st Cir. 1989)

In the Matter of the EXTRADITION OF Antonio MANZI.

UNITED STATES of America, Petitioner, Appellee,

v.

Antonio MANZI, Respondent, Appellant.

No. 88-2128.

United States Court of Appeals, First Circuit

November 1, 1989

Heard April 4, 1989.

John F. Moriarty, Jr., with whom Cornelius J. Moriarty, II, and Ducharme, Moriarty

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& Wilson, Holyoke, Mass., were on brief, for respondent, appellant.

Mitchell D. Dembin, Asst. U.S. Atty., with whom Jeremiah T. O'Sullivan, U.S. Atty., Boston, Mass., was on brief, for the U.S.

Before BREYER and SELYA, Circuit Judges, and CAFFREY, [*] Senior District Judge.

PER CURIAM.

This case is an appeal from a denial of a petition for writ of habeas corpus which sought review of a magistrate's order for the extradition of the appellant, Antonio Manzi, to Italy. On February 11, 1985, the Republic of Italy filed a request for the extradition of Manzi, pursuant to the extradition treaty between the United States and Italy ("the Treaty"). 1 The Italian government seeks the extradition of Manzi on convictions of armed robbery and receiving stolen property. 2 On May 18, 1988, U.S. Magistrate Michael A. Ponsor issued an Extradition Certificate and Order of Commitment certifying compliance with the Treaty and ordering U.S. authorities to surrender Manzi to Italian authorities. On July 18, 1988, Manzi filed a petition for writ of habeas corpus objecting to the magistrate's order. On August 31, 1988, Chief Judge Frank H. Freedman adopted all the findings of the magistrate, determined there was sufficient basis for extradition, and denied the petition for writ of habeas corpus. On October 5, 1988, Manzi appealed the district court's judgment, and now we affirm.

I.

In examining habeas corpus petitions challenging extradition proceedings, the scope of inquiry is limited. Romeo v. Roache, 820 F.2d 540, 542 (1st Cir.1987); Greci v. Birknes, 527 F.2d 956, 958 (1st Cir.1976). Direct judicial review of extradition proceedings is not available, and habeas corpus review "is not a means for rehearing what the magistrate already decided." Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 542, 69 L.Ed. 970 (1925). See Sabatier v. Dabrowski, 586 F.2d 866, 868 (1st Cir.1978). This court may only examine "whether the magistrate had jurisdiction to consider the matter, whether the offense charged is within the treaty and by a somewhat liberal construction, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty." Romeo, 820 F.2d at 542-43 (quoting Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 542, 69 L.Ed. 970 (1925)); Brauch v. Raiche, 618 F.2d 843, 847 (1st Cir.1980). In light of these standards, we shall review the appellant-Manzi's arguments on appeal.

II.

The appellant-Manzi's numerous arguments on appeal can be analyzed in three general categories: (1) the magistrate denied him due process of law in the extradition proceedings; (2) the magistrate failed to comply with various provisions of the Treaty; and (3) the magistrate erred in finding that receiving stolen property was an extraditable offense under the Treaty. This court shall discuss each argument in turn.

A. Due Process

The appellant-Manzi has raised a number of arguments claiming the magistrate denied him due process of law in the extradition proceeding. Specifically, Manzi objects to the magistrate's refusal to order the translation of an Italian appellate court

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decision purportedly reversing Manzi's convictions in Italy and the translation of several Italian statutes which may provide credit for time served by Manzi in Massachusetts prison. Further, Manzi objects to the magistrate's refusal to allow the...

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