In Re Extradition of Chavez

In Re the Extradition of Chavez

Good Law
408 F. Supp. 2d 908·2005 WL 3627198·2005 U.S. Dist. LEXIS 39277
United States District Court, Northern District of CaliforniaNovember 22, 200505-70601 HRLCalifornia3,503 words

Opinion

Opinion

Lloyd, J.

ORDER ON ACTION TO CERTIFY FOR EXTRADITION

BACKGROUND

On behalf of the Government of Mexico, the United States brought an action under 18 U.S.C. § 3184 seeking an order certifying to the Secretary of State that Jose Espinoza Chavez should be extradited to the State of Michoacan, Mexico, to stand trial for murder.

The murder occurred on October 22, 1997 next to a sports field during a festival day in Apatzingan, Michoacan, Mexico. The victim, Raul Mendoza Pantoja (“Mendoza”), was on foot. A truck occupied by three men pulled up nearby. A man in the truck, later identified by a witness to be Jose Espinoza Chavez, called out to Mendoza. When Mendoza approached, another man in the truck (subsequently identified as Ignacio Oseguera Chavez) shot and killed him. The truck sped away and the murderers escaped.

With respect to the Jose Espinoza Chavez who called Mendoza over to be shot (the “murderer”), he was identified by name by at least one eyewitness because he was known by sight to be a resident of the nearby town of Naranjo de Chila. Although this court has only one eye witness identification and statement, it has other statements from local people, including Mendoza’s relatives,…

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