Peroff v. Hylton, 76-1562
| Citation | 542 F.2d 1247 |
| Decision Date | 21 October 1976 |
| Docket Number | No. 76-1562,76-1562 |
| Parties | Franklyn PEROFF, Appellant, v. I. G. HYLTON, United States Marshal, et al., Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
John D. Grad, Alexandria, Va. (Philip J. Hirschkop, Alexandria, Va., and Aaron R. Fodiman, Arlington, Va., on brief), for appellant.
Murray R. Stein, Atty., Dept. of Justice, Washington, D. C. (William B. Cummings, U. S. Atty., Elsie M. Powell, Asst. U. S. Atty., Alexandria, Va., Philip Wilens, Chief, Government Regulations and Labor Section, James P. Morris, Atty., Dept. of Justice, Washington, D. C., on brief), for appellees.
Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.
By a petition for writ of habeas corpus Franklyn Peroff sought judicial review of an order authorizing his extradition to Sweden. The petition was denied, and we conclude that its denial was proper.
The defendants, a United States marshal, the Attorney General of the United States and the Secretary of State question our jurisdiction because a surrender warrant has been delivered to the Swedish Ambassador to the United States. This occurred during the pendency of this appeal, but there has been no attempt by Swedish officials to obtain actual physical custody of Peroff. He is at large on bail, but within the technical custody of the marshal. Should we conclude that he was not properly extradited, the court could accomplish his unconditional release by an order directed to the marshal, and that power suffices to meet the jurisdictional requirement.
The extradition hearing is not designed as a full trial. The purpose is to inquire into the presence of probable cause to believe that there has been a violation of one or more of the criminal laws of the extraditing country, that the alleged conduct, if committed in the United States, would have been a violation of our criminal law, and that the extradited individual is the one sought by the foreign nation for trial on the charge of violation of its criminal laws. Those requirements were amply met in the hearing. A former banker in Sweden testified about the negotiation of securities, which later turned out to be worthless, in exchange for substantial sums of money in Sweden, and that the fraud was perpetrated by Franklyn Peroff. Peroff acknowledges that the stock certificates bear his endorsement, but he claims defensively that he had received the stock certificates...
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Matter of Extradition of Demjanjuk, Misc. No. 83-349.
...country and not for extensive evidentiary inquiry during the extradition hearing. Assarsson, at 1245 (quoting from Peroff v. Hylton, 542 F.2d 1247, 1249 (4th Cir.1976), cert. denied, 429 U.S. 1062, 97 S.Ct. 787, 50 L.Ed.2d 778 (1977) (extradition request from Sweden)). Hence, as Assarsson i......
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Zhenli Ye Gon v. Holt, 14–6102.
...in the United States, and (3) whether the fugitive is the person sought by the foreign country for violating its laws. Peroff v. Hylton, 542 F.2d 1247, 1249 (4th Cir.1976). If the extradition judge determines that the fugitive is extraditable, he must send his certification of extraditabili......
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Gon v. Holt
...in the United States, and (3) whether the fugitive is the person sought by the foreign country for violating its laws. Peroff v. Hylton, 542 F.2d 1247, 1249 (4th Cir.1976). If the extradition judge determines that the fugitive is extraditable, he must send his certification of extraditabili......
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Gon v. Holt, 14–6102.
...in the United States, and (3) whether the fugitive is the person sought by the foreign country for violating its laws. Peroff v. Hylton, 542 F.2d 1247, 1249 (4th Cir.1976). If the extradition judge determines that the fugitive is extraditable, he must send his certification of extraditabili......
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Reviewing Extraditions to Torture.
...exception), cert, denied, 140 S. Ct. 379 (2019). (194.) Nanda et al., supra note 105, [section] 10:25; see, e.g., Peroff v. Hylton, 542 F.2d 1247, 1249 (4th Cir. 1976) ("A denial of extradition by the Executive may be appropriate when strong humanitarian grounds are present, but such ground......