Lopez-Smith

This case raises several issues of the law of extradition. Most notably, the question arises whether mental deficiencies which would render a person incapable of standing trial entitle him to deferral of extradition.

FACTS

Mexico sought extradition of Lopez-Smith, for murder. Magistrate Judge Raymond Terlizzi, after careful consideration, certified that he was extraditable. Lopez-Smith was charged with murder in Mexico. A warrant for his arrest was issued by a Mexican court. Evidence before the magistrate established probable cause to believe that Lopez-Smith had indeed committed the murders.

*1324 Lopez-Smith petitioned for a writ of habeas corpus on the grounds that (1) Lopez-Smith was incompetent to undergo extradition proceedings because of mental deficiencies; (2) the magistrate judge had refused to consider evidence addressing whether the United States ought to exercise its discretion to extradite; (3) Lopez-Smith had offered evidence of official corruption relating to Lopez-Smith’s case. The district judge denied the writ, and Lopez-Smith appeals.

The accusation against Lopez-Smith is that he drove from Douglas, Arizona, to Tucson, Arizona, and bought a .45 Colt…