United States v. Sam Merit

Good Law
36 F.3d 1103·1994 WL 519831·1994 U.S. App. LEXIS 33799
United States Court of Appeals for the Ninth CircuitSeptember 22, 199493-17338California451 words

Opinion

Opinion

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Sam MERIT, Defendant-Appellant. No. 93-17338. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Sam Merit, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion challenging his conviction. Merit contends that the federal trial court was without jurisdiction to try him for the crimes for which he was convicted because (1) he was kidnapped by officials of the United States government from the Republic of South Africa after the United States government had already invoked the applicable extradition treaty, and (2) the doctrine of specialty operated to prohibit his being charged with the crimes for which he was convicted. We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and…

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