Melia v. United States

Abstract

Extradition — Jurisdiction — Requirement that offence for which extradition sought be within jurisdiction of requesting State — Whether court of requested State required to ascertain whether requesting State having jurisdiction over defendant — Whether requirement satisfied by establishing that offence would have been within jurisdiction of requested State — Extraditable offence — Whether specific reference required in Treaty to render offence extraditable — Whether procuring another to commit murder an extraditable offence — Extradition request from Canada to United States of America — Canada-United States Extradition Treaty, Article 2(2)

Jurisdiction — Territorial — Conspiracy — Agreement concluded by telephone — Defendant making telephone call from United States to co-conspirator in Canada — Conspirators agreeing to murder resident of the United States — Whether Canada possessing jurisdiction over defendant — Requirement that conspiracy have sufficient nexus with Canada — Whether conduct of defendant establishing sufficient nexus — The law of the United States