Emil Bozilov v. Wayne Seifert, Warden

Emil Ananiev Bozilov appeals the denial of his writ of habeas corpus challenging an extradition order pursuant to 18 U.S.C. § 3184 and the Extradition Treaty between the United States and the Federal Republic of Germany. He argues that the writ was improperly denied because: 1) the dual criminality requirement for extradition was not satisfied; 2) there was no probable cause; and 3) Germany’s extradition request was untimely. We affirm.

FACTS

On September 19, 1990, the German Criminal Court in Flensberg issued an international warrant for the arrest of Bozi-lov for narcotics trafficking. On November 23, 1990, United States Magistrate Brown issued a warrant for Bozilov’s arrest, pending an extradition hearing pursuant to 18 U.S.C. § 3184 . On December 13th, Bozilov was arrested.

By the terms of the Treaty, Germany was required to make a formal extradition request within forty days of the arrest. On January 23, 1991, Germany submitted its request to the American Embassy in Bonn. The request alleged that Bozilov used German couriers to operate an international drug smuggling operation based in Los Angeles. Germany also requested and received a twenty day extension. On February…