United States v. George Adam Polchlopek

Polchlopek appeals the district court’s imposition of a condition of probation that requires him to appear in Canada for the purpose of trial on charges filed against him in that country. The conduct subject to the Canadian prosecution would otherwise have been relevant to the determination of an appropriate sentence in this case, but by agreement of the parties and approval of the court, was not considered because of the expectation that defendant would stand trial on those charges in Canada. Defendant argues that the condition amounts to a mandatory waiver of his right not to be extradited and further contravenes the accepted principle that one sovereign cannot enforce the criminal laws of another. We affirm.

I

George Polchlopek is an American citizen, who permanently resides in Canada. In 1986, Polchlopek became the subject of a United States/Canadian investigation relating to the unlicensed exportation of parrots from the United States to Canada. This investigation resulted in charges filed against Polchlopek in both the United States and Canada. A five count indictment, returned in the Western District of Washington, charged Polchlopek with various offenses arising from the…