Pfeifer

Pfeifer v. United States Bureau of Prisons

Good Law
468 F. Supp. 920·1979 U.S. Dist. LEXIS 14777
United States District Court, Southern District of CaliforniaJanuary 29, 1979Civ. 78-352-GTCalifornia3,186 words

Opinion

Opinion

Thompson, J.

ORDER

In this habeas corpus proceeding pursuant to 28 U.S.C. § 2241 (1976), the petitioner Pfeifer seeks release from the federal penitentiary where he is serving the remainder of a sentence originally imposed by Mexican officials in a Mexican court for a Mexican crime. Pfeifer’s claim challenges the constitutionality of the Treaty on the Execution of Penal Sentences, Nov. 25, 1976, United States-Mexico, T.I.A.S. No. 8718 (the Treaty) and the constitutionality of the Treaty’s implementing legislation, 18 U.S. C.A. §§ 4100-4115 (Supp.1978). Pfeifer is proceeding on his own behalf and in forma pauperis. The petition is denied.

I

Pfeifer and the government do not dispute most of the facts. On the evening of September 19, 1977, Pfeifer arrived in Mexico City on a flight from Bogota, Colombia. Mexican officials searched his luggage and found a can of powder that they claimed was cocaine. They also found United States currency on Pfeifer, allegedly including three counterfeit American one hundred dollar bills.

Pfeifer claims, and the government does not deny, that after his arrest, “I was beaten by five Mexican agents and tortured with electric cattle prods and half/drowned [sic]…

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