United States v. Najohn
United States Court of Appeals for the Ninth Circuit
785 F.2d 1420 (1986)
- Written by Emily Pokora, JD
Facts
David Najohn (defendant) was accused of interstate transportation of stolen property by the Eastern District of Pennsylvania, which issued an arrest warrant. Extradition was requested by the United States to bring Najohn to Pennsylvania from Switzerland. Najohn was prosecuted in Pennsylvania, pleaded guilty, and was sentenced to four years in prison. During Najohn’s prison term, the Northern District of California charged Najohn with interstate transportation of stolen property. Najohn filed a motion to dismiss the indictment, arguing that it violated the specialty doctrine under federal extradition law. Specifically, Najohn asserted that California could not charge him under the United States’ extradition treaty with Switzerland. The trial court denied Najohn’s motion, stating that Switzerland had waived the specialty provision of the treaty in a letter from the Swiss Embassy to the United States. Najohn appealed and argued that the waiver was insufficient because the treaty allowed prosecution of only those crimes subject to his extradition.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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