95 Cal. Daily Op. Serv. 5875, 95 Daily Journal D.A.R. 10,012 in the Matter of the Requested Extradition of James Joseph Smyth. United States of America v. James Joseph Smyth

61 F.3d 711 95 Cal. Daily Op. Serv. 5875 , 95 Daily Journal D.A.R. 10,012 In the Matter of the REQUESTED EXTRADITION OF James Joseph SMYTH. UNITED STATES of America, Plaintiff-Appellant, v. James Joseph SMYTH, Defendant-Appellee. No. 94-10495. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1995. Decided July 27, 1995. As Amended Dec. 11, 1995. * Sara Criscitelli, U.S. Dept. of Justice, Washington, DC, Mark N. Zanides, Asst. U.S. Atty., U.S. Dept. of Justice, Oakland, CA, for plaintiff-appellant. Karen L. Snell, Asst. Federal Public Defender, San Francisco, CA, for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before: SNEED, SCHROEDER, and FERGUSON, Circuit Judges. SCHROEDER, Circuit Judge: 1 This is a proceeding brought by the United States on behalf of the United Kingdom to extradite James J. Smyth to Northern Ireland. Smyth was convicted of the attempted murder of a prison officer in Belfast, Northern Ireland in 1978 and sentenced to 20 years' imprisonment. He escaped from the Maze Prison in Northern Ireland in September of 1983 and arrived in San Francisco several months later. The United…