Frans Theron v. United States Marshal

At the conclusion of extradition proceedings before a United States magistrate, Theron was found extraditable to South Africa on sixteen counts in an indictment. The district court denied Theron’s petition for habeas corpus. Theron timely appealed. The magistrate had jurisdiction pursuant to 18 U.S.C. § 3184 , and the district court had jurisdiction pursuant to 28 U.S.C. § 2241 (a). We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

I

On April 27, 1979, a sixteen count indictment was filed in a South African court against Theron. Count one charged Theron with fraud, and alternatively both with theft and with obtaining credit while an adjudicated insolvent without advising the creditor of the insolvency. Counts two through twelve charged Theron with fraud, and alternatively with theft, for participating in a check-kiting scheme. Counts thirteen through fifteen charged Theron with fraud, and alternatively with obtaining credit while an adjudicated insolvent without advising the creditor of the insolvency. Count sixteen charged Theron with contracting for a debt without any reasonable expectation of being able to discharge the debt. A magistrate in Cape Town issued…