Extradition

• Author: International Law Group
• Pages: 210-211

Page 210

Felipe de Jesus Corona-Verbera ("Corona Verbera") was involved with the Sinaloa Cartel, one of the largest drug-trafficking operations in

Mexico in the late 1980s. He allegedly designed a sophisticated, 200-foot-long tunnel between Agua Prieta, Mexico, and a warehouse in Douglas, Arizona. That the tunnel was used for drug- trafficking is evidenced by the 2,037 pounds of cocaine found at the same time. Corona Verbera was first charged in 1990, and there were indictments in 1995 and 2001. He arrested in Mexico in 2003, and extradited to the U.S. Eventually, after many delays, he was convicted in 2006 of various drug- related offaenses, and now appeals.

The U.S. Court of Appeals for the Ninth Circuit affirms. One of Corona Verbera's challenges on appeal is that his Sixth Amendment right to a speedy trial was violated because the U.S. government did not timely seek his extradition from Mexico.

The Court agrees that an almost eight-year delay between indictment and arrest is presumptively prejudicial. However, the Court does not find a duty upon the government to seek swift extradition.

"Whether or not our government is required formally to seek extradition and execute an arrest warrant when it believes extradition is futile is an issue of first impression in this Circuit. The Second Circuit addressed the issue in United States v. Blanco, 861 F.2d 773, 778 (2d Cir. 1988). In Blanco, the court held that seeking extradition of a defendant from Colombia would have been futile and "[d]ue diligence does not require the government to pursue goals that are futile." Id. We agree with the Second Circuit and hold that where our government has a good faith belief supported by substantial evidence that seeking extradition from a foreign country would be futile, due diligence does not require our government to do so." [Slip op. 8]

Here, the government presented testimony by Agent Grant Murray that Mexico did not extradite its citizens on drug charges until the late 1990s. Thus, any attempts to seek Corona Verbera's extradition would have been futile. Even a defense expert agreed that Mexico did not extradite its citizens between 1980 and 1996. The government did, however, enter him into the National Crime Information Center (NCIC) computer system.

Therefore, the Court concludes that "that the government exercised due diligence in this case. Substantial evidence supports the government's assertion that extradition from...