Giuseppe (Joseph) Cucuzzella v. Edward N. Keliikoa, United States Marshall, and Edmund S. Muskie, Secretary of State
Opinion
Opinion
Skopil, J.
INTRODUCTION
Cucuzzella appeals the denial of his Petition for Writ of Habeas Corpus. Jurisdiction for this appeal is based on 28 U.S.C. § 2253 . We affirm.
FACTS
In March 1976, in Vancouver, B.C., Cucuzzella allegedly agreed to procure a mortgage for S. L. Scheves in return for an $11,000 commission. He allegedly failed to procure the mortgage or to refund Mr. Scheves’ deposits.
In July 1976, in Vancouver, Cucuzzella allegedly entered into a similar agreement with A. W. Deitcher. He represented that he had obtained the mortgage, though he had not.
The Canadian government charged Cucuzzella with one count of theft and one count of criminal breach of trust for each transaction. Cucuzzella failed to appear for trial in Vancouver in March 1979.
In July 1979 the U.S. Attorney in Hawaii, on behalf of Canada, filed a complaint seeking Cucuzzella’s arrest and extradition. In September 1979 the U.S. Attorney filed formal extradition documents.
The district court found the formal documents properly authenticated, found Cucuzzella a proper subject for extradition on all four counts, and certified his extradition to the Secretary of State.