U.S. v. Herrera, 74-1831
| Citation | 504 F.2d 859 |
| Decision Date | 05 December 1974 |
| Docket Number | No. 74-1831,74-1831 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Zuleta HERRERA, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Theodore S. Worozbyt, James Martin Gecker, Atlanta, Ga., for defendant-appellant.
John W. Stokes, U.S. Atty., J. Robert Cooper, Jerome J. Froelich, Jr., Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee.
Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.
This appeal is from the conviction of appellant by the district court sitting without a jury on a charge of escape from the United States Penitentiary in Atlanta in violation of 18 U.S.C.A. 751(a). Appellant was serving a sentence at the time of the escape for violation of the narcotics laws. Following his escape he was able to make his way to Bogato, Colombia, his home. Some fifteen months later he was arrested in Peru and returned to Miami where he was placed in American custody.
In the words of appellant:
He also stated that he stayed in Peru five days and was then taken to the airport and 'deported' to the United States. He described the trip from Lima to Miami as follows:
'Q When you came from Peru to Miami, was there a Peruvian police officer with you? 'A Yes, one from Peru and one from the United States.'
The escape was not disputed. The principal assignment of error is the contention that under present standards of due process, the district court was divested of jurisdiction over appellant by virtue of the illegality of his arrest in Peru and subsequent delivery to the federal authorities in Miami. The argument is that he was kidnapped and forcibly abducted in contravention of federal statutes, and in a manner which violated the territorial integrity of Peru contrary to the United Nations Charter and the Charter of the Organization of American States. He also urges a loss of jurisdiction by reason of the failure of the United States to follow the orderly processes of extradition under the treaty between the United States and Peru.
It is settled by both Supreme Court decisions and decisions of this court that these contentions are without merit. Ker v. Illinois, 1886, 119 U.S. 436, 444, 7 S.Ct. 225, 30 L.Ed. 421; Frisbie v. Collins, 1952, 342 U.S. 519, 522, 72 S.Ct. 509, 96 L.Ed. 541; United States v. Caramian, 5 Cir., 1972, 468 F.2d 1370, 1371; United States v. Vicars, 5 Cir., 1972, 467 F.2d 452, 455; United States v. Cotten, 9 Cir., 1973, 471 F.2d 744, 748; Hobson v. Crouse, 10 Cir., 1964, 332 F.2d 561.
We have considered the case of United States v. Toscanino, 2 Cir., 1974, 500 F.2d 267, en banc rehearing denied, two judges dissenting, 43 USLW 2175 (October 8, 1974). It involves claims of kidnapping,...
To continue reading
Request your trial
-
U.S. v. Darby
...denied, 444 U.S. 832, 100 S.Ct. 61, 62 L.Ed.2d 40 (1979). Yamanis' claim is remarkably similar to the one rejected in United States v. Herrera, 504 F.2d 859 (5th Cir.1974). There the defendant, a non-resident alien, alleged that two American agents, together with two Peruvian agents, had un......
-
United States v. Wilson
...537 F.2d 257, 271-72 (7th Cir.1976), cert. denied, 429 U.S. 1038, 97 S.Ct. 734, 50 L.Ed.2d 749 (1977); United States v. Herrera, 504 F.2d 859, 860 (5th Cir.1974) (per curiam); United States v. Cotten, 471 F.2d 744, 747-49 (9th Cir.), cert. denied, 411 U.S. 936, 93 S.Ct. 1913, 36 L.Ed.2d 396......
-
Crews v. United States
...F.2d 1043 (3d Cir. 1970). Nonetheless, a greater number of circuits has acknowledged the endurance of the doctrine. United States v. Herrara, 504 F.2d 859 (5th Cir. 1974); United States v. Cotten, 471 F.2d 744, 748-49 (9th Cir.), cert. denied, 411 U.S. 936, 93 S.Ct. 1913, 36 L.Ed.2d 396 (19......
-
U.S. v. Cadena
...1886, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421. 13 As to the rights of aliens, See United States v. Winter, supra; United States v. Herrera, 5 Cir. 1974, 504 F.2d 859, 860. If an arrest is made in clear violation of a treaty limiting the right of the United States to board vessels of other s......
-
The Sheinbein case and the Israeli-American extradition experience: a need for compromise.
...668 F. 2d 32 (1st Cir. 1981) (defendants deported from Panama to Puerto Rico at the request of DEA agents), and United States v. Herrera, 504 F.2d 859 (5th Cir. 1974) (Colombian national arrested in Peru at the request of American agents during a stopover on a Chile-Ecuador flight and depor......