Rainwater Law Group

Effective Criminal Defense

​Patterson v. Wagner, No. 13-56080 [May 4, 2015]

Patterson v. Wagner

This is an appeal challenging an order certifying Mr. Patterson for extradition to South Korea for a murder charge. The court found that neither the extradition treaty between the two countries nor the Status of Forces Agreement ("SOFA") bars extradition and since a magistrates authority is limited to determining an individual's determination of eligibility for extradition they affirmed the order. Under the treaty Patterson argued that his prosecution was barred because the U.S. statute of limitations had run [but the court said this was not a mandatory provision of the treaty, which allowed discretion to extradite after the statute has run] and under the SOFA the prosecution violate his double jeopardy rights [The Court found the SOFA rights cannot be judicial enforced to block extradition]

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