United States v. James E. Hooker

The district court dismissed for post indictment delay an indictment filed against James E. Hooker on July 13, 1976. The government appeals from the judgment of dismissal, and we reverse. The question presented is whether the government, in the case of an indicted defendant who is a prisoner in a foreign country, and not charged by the government with an extraditable offense, must nevertheless make a diligent, good faith effort to bring the defendant to this country to stand trial. To this question our answer is no.

I. The Facts.

Hooker and Richard Schmidt were arrested in Peru on January 6, 1976, for violation of the Peruvian narcotics laws. The facts leading to their arrest and imprisonment in Peru are stated in our opinion in United States v. Schmidt, 9 Cir., 1978, 573 F.2d 1057 . Shortly after they were incarcerated in Peru, Hooker and Schmidt were interrogated by William Boggs, a Seattle DEA agent who told them that if they “cooperated,” the government would attempt to have them returned to the United States. Hooker had asked that he be returned to the United States for trial. However, Hooker did not “cooperate” and the government made no effort to return him from Peru. Had…