In the Matter of the Requested Extradition of Mark Allen Tuttle. United States of America v. Mark Allen Tuttle
Opinion
Opinion
Chambers, J.
Mark Tuttle, a federal prisoner, appeals the determination that he is extraditable to the Commonwealth of the Bahamas, following his arrest in the United States pursuant to a United States warrant based on his Bahamian drug offenses. Tuttle contends that there is no valid extradition treaty between the United States and the Bahamas.
Whether an extradition treaty is in force is a legal question and subject to de novo review. Ivancevic v. Artukovic, 211 F.2d 565, 567 (9th Cir.1954).
In 1931 the United Kingdom and the United States entered into an extradition treaty. The Extradition Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland, Dec. 22, 1931, U.S.-U.K., 47 Stat. 2122 . Article 2 of the Treaty defined the British “territory” affected by the agreement as “Great Britain and Northern Ireland, the Channel Islands, the Isle of Man, and all parts of His Britannic Majesty’s dominions overseas.” 47 Stat. at 2122. The parties do not dispute that the Bahamas was a colony of the United Kingdom at that time.
On July 10, 1973 the Bahamas became an independent, nation. On that date the Bahamian government indicated its intent to be…