U.S. v. Kashamu

Dist. Ct. did not err in denying defendant's motion to dismiss his indictment on drug conspiracy charges even though English magistrate found in extradition proceeding that U.S. govt. failed to present sufficient evidence to establish that defendant was individual named in indictment. Under United Kingdom's concept of collateral estoppel, United Kingdom would not give preclusive effect to findings in extradition proceeding where collateral estoppel is not applied to criminal matters. Moreover, while collateral estoppel might apply under federal common law to rulings made in extradition proceeding, collateral estoppel did not apply in instant case where instant finding that govt. failed to present sufficient evidence in extradition proceeding to establish identity of defendant would have no weight in actual trial on instant charge since govt. would be entitled to present more and different evidence to establish defendant's guilt.