Merino v. Hocke
| Decision Date | 23 November 1963 |
| Docket Number | No. 18271.,18271. |
| Citation | 324 F.2d 687 |
| Parties | Jaime J. MERINO, Appellant, v. Theodore HOCKE, United States Commissioner, etc., and the United States of America, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
David C. Marcus, Los Angeles, Cal., for appellant.
Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Newman & Newman and Philip Newman, Los Angeles, Cal., for amicus curiae, Newman & Newman.
Before CHAMBERS and JERTBERG, Circuit Judges, and MURRAY, District Judge.
The issues presented by this appeal are essentially the same as those presented on the prior appeal which we considered and disposed of in Merino, Appellant, v. Hocke, United States Commissioner, and the United States of America, Appellees, reported in 289 F.2d 636 (9th Cir.1961). Reference is hereby made to that appeal for a complete statement of the proceedings leading up to the prior appeal.
Following our dismissal of the prior appeal, on the ground that the order appealed from was not a final decision from which an appeal could be taken, the hearing contemplated by 18 U.S.C.A. § 3184 was held by the United States Commissioner. Following such hearing the Commissioner found, as a fact, "that the evidence presented is sufficient under 18 U. S.C. 3184 to sustain the charges under the provisions of the treaty, and" concluded "that the defendant should be surrendered to the proper officials of Mexico." From such finding and conclusion the Commissioner ordered "that the defendant stand committed to the custody of the United States Marshal without bail until the surrender shall be made." The finding, conclusion and order were filed on the 12th day of June, 1961.
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...106. See also Note, Jiminez v. Aristeguieta, 61 Mich.L.Rev. 383 (1962). Cf. Merino v. Hocke, 9 Cir. 1961, 289 F.2d 636; Merino v. Hocke, 9 Cir. 1963, 324 F.2d 687; Merino v. United States Marshal, 9 Cir. 1964, 326 F.2d 5. In the first two Merino cases the Ninth Circuit, in dictum, states th......
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