Criminal Procedure - Parretti v. United States

Abstract

In Parretti v. United States, the United States Court of Appeals for the Ninth Circuit, sitting en banc, addressed two constitutional claims: (1) whether Giancarlo Parretti\u27s arrest pursuant to an Extradition Treaty with France violated the Fourth Amendment; and (2) whether his detention without bail prior to the French government\u27s request for his extradition violated the Due Process Clause of the Fifth Amendment. The en banc court refused to address these issues, however, claiming that since Parretti fled the United States while his appeal was pending, he was a fugitive from justice. The en banc court therefore dismissed his appeal under the fugitive disentitlement doctrine

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