Gary Levone Piper v. United States Marshal, Antoine Joseph Porterfield v. United States Marshal
Opinion
Opinion
2 F.3d 1157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Levone PIPER, Petitioner-Appellant, v. UNITED STATES MARSHAL, Respondent-Appellee. Antoine Joseph PORTERFIELD, Petitioner-Appellant, v. UNITED STATES MARSHAL, Respondent-Appellee. Nos. 92-56244, 92-56245. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1993. Decided July 7, 1993. Before BROWNING, BRIGHT * and TANG, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts and issues and we will not repeat them. 3 The fact that sexual felonies under California and federal law require elements not required by Canadian Criminal Code Sec. 271 does not violate the dual criminality doctrine. "[E]ach element of the offense purportedly committed in a foreign country need not be identical to the elements of a similar offense in the United States. It is enough that the conduct involved is criminal in both countries." In re Russell, 789 F.2d 801, 803 (9th Cir.1986) (emphasis…