Boyden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE TRINIDAD MARTINEZ Case No. 2:23-cv-00447-DJC-JDP

SANTOYO,

FINDINGS AND RECOMMENDATIONS Petitioner, 13 v. 14 LASHA BOYDEN, et al., 15 Respondents.

17 Petitioner brings this habeas action under section 2241 challenging a magistrate judge’s finding that he may be extradited to Mexico to be prosecuted for aggravated homicide. ECF No. 1; Extradition Case at In re Extradition of Martinez Santoyo, No. 21-mj-00125. He raises five claims in his challenge to the extradition order: (1) the court erred by denying his motion to compel; (2) the court erred by excluding explanatory evidence; (3) the probable cause finding is not supported by sufficient evidence; and, more specifically, (4) there is insufficient evidence to support a probable cause finding that the murder was committed with “undue advantage”; and (5) his Sixth Amendment right to a speedy trial bars extradition. I recommend that the petition be denied. I. Background Petitioner is…