Cosby

United States v. Cosby

Good Law
53 F. App'x 448
United States Court of Appeals for the Ninth CircuitDecember 11, 2002No. 02-10207; D.C. No. CR-98-00148-HDMCalifornia451 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Cosby appeals his conviction for one count of money laundering in violation of 18 U.S.C. § 1957 and a forfeiture pursuant to 18 U.S.C. §§ 982 (a)(1) and (b)(1)(A) and 21 U.S.C. § 853 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Cosby argues that the district court improperly deferred to the Hong Kong tribunal’s extradition decision. However, all that the district court deferred to was the Hong Kong judge’s interpretation of Hong Kong law. In any event, we review de novo whether extradition satisfies the doctrines of “dual criminality” and “speciality,” United States v. Khan, 993 F.2d 1368, 1372 (9th Cir.1993), and we agree with the district court’s conclusions on both issues.

With respect to dual criminality, Cosby contends that his case is indistinguishable from Khan because Hong Kong did not have a law against “money laundering” during the time frame alleged in the indictment. But this does not matter, as the crime of money laundering is listed in the schedule of extraditable offenses at Article 2(l)(viii) of the extradition treaty between the United States and Hong Kong. See Yin-Choy v. Robinson, 858 F.2d 1400, 1405 (9th…

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