Extradition from foreign nation to U.S.

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Manuel Isaac Marquez, Sr (Defendant), took part in a criminal enterprise. Based on a Florida indictment, he was arrested in Madrid, Spain, pursuant to the U.S.-Spain Extradition Treaty [May 29, 1970, 22 U.S.T. 737].

After Defendant lost his legal challenges to the extradition in the Spanish courts, Spanish authorities extradited him to the U.S. in April 2005. A U.S. federal court later convicted him under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961. On appeal, Defendant challenges his extradition from Spain, contending, inter alia, that it violated the Rules of Specialty and Dual Criminality.

Under the rule of Specialty, "the requesting state, which secures the surrender of a person, can prosecute the person only for the offense for which he or she was surrendered by the requested state or else must allow that person an opportunity to leave ..." United States v. Herbage, 850 F.2d 1463, 1465 (11^th Cir. 1988). See Treaty on Extradition, U.S.- Spain, supra. Under the rule of dual criminality, one nation can extradite a person only "when his [alleged] actions constituted an offense in both the requesting and requested states." Herbage, Ibid. See Second Supplementary Treaty on Extradition, U.S.-Spain, February 9, 1988, art. II, S. Treaty Doc. No.102-24. The U.S. Court of Appeals for the Eleventh Circuit affirms, however, because Defendant failed to raise his extradition challenges in a timely manner.

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