U.S. v. Bokhari

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 14-1103
Decision Date: 
July 3, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed and dismissed in part
Dist. Ct. did not err in denying defendant’s motion to dismiss instant wire fraud indictment on grounds that Pakistani official had denied U.S. petition to extradite defendant, after finding that U.S. had failed to present prima facie case of defendant’s guilt on wire fraud charge. Defendant also claimed that dismissal of indictment was appropriate under speedy trial provision of 6th Amendment, where instant criminal matter had been pending since 2004. Ct. of Appeals lacked jurisdiction to consider speedy trial issue since Dist. Ct.’s denial of defendant’s motion on said issue was not final order. Moreover, Ct. refused to decide whether fugitive disentitlement doctrine applied, where defendant, who had dual citizenship with Pakistan, moved to Pakistan prior to instant indictment. However, Dist. Ct. was not required to give comity to Pakistani official's ruling since it too was not final, and since no additional probable cause hearing was required once defendant had been indicted.