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Lo Duca v. United States

93 F.3d 1100 (1996)

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Lo Duca v. United States

United States Court of Appeals for the Second Circuit

93 F.3d 1100 (1996)

Facts

Paolo Lo Duca (plaintiff) was convicted of drug charges in Italy while he was living in New York. Pursuant to an extradition treaty, Italy requested Lo Duca’s extradition, and a federal magistrate judge in the United States found Lo Duca extraditable under 18 U.S.C. § 3184, the extradition statute used for almost 150 years to extradite fugitives located in the United States. The extradition statute allowed a federal magistrate to examine the charges against a person and recommend whether the person was extraditable. The recommendation would then be certified to the Secretary of State, who would independently determine whether the United States wished to extradite the person. Lo Duca initiated a habeas corpus action, arguing that the extradition statute was unconstitutional. Specifically, Lo Duca argued the statute violated the Constitution’s mandate of separation of powers by requiring federal Article III judges to have their judgments revised by the executive branch. In the alternative, Lo Duca argued that if the federal magistrates were not exercising Article III power, the statute was unconstitutional because it authorized federal judges to participate in extrajudicial activities without an appointment of authority by the executive branch. The District Court for the Eastern District of New York dismissed Lo Duca’s action. Lo Duca appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, C.J.)

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