In the Matter of the Extradition of Mario Francesco Magisano v. George Locke, United States Marshal, United States of America

The appellant is presently in the custody of American officials in the State of Washington. He is accused in Canada of having committed criminal offenses in that country, including participating in a conspiracy to possess counterfeit American currency and possessing such currency. Upon the application of Canadian authorities, the Secretary of State has issued a warrant, which, if implemented, will cause the extradition of the appellant from the United States and his delivery to Canadian law enforcement authorities.

The appellant challenged the warrant by application for a Writ of Habeas Corpus in the District Court. The District Court rejected the challenge and also denied the appellant’s application for release from custody on bail pending the ultimate resolution of the extradition proceedings. The appellant has appealed, and his extradition has been stayed pending the disposition of his appeal by this Court.

The judgment of the District Court is affirmed in all respects.

It is first contended that the United States Magistrate was without jurisdiction. The challenged action of the Magistrate, however, was confirmed by the District Court.

Second, it is argued that the offenses…