|
121 F.3d 718
(Table), 1997 WL 453705 (9th Cir.(Cal.)) NOTICE: THIS IS AN
UNPUBLISHED OPINION. (The Court’s
decision is referenced in a “Table of Decisions Without Reported
Opinions” appearing in the Federal Reporter. Use FI CTA9 Rule 36-3 for
rules regarding the citation of unpublished opinions.) United States Court of
Appeals, Ninth Circuit. UNITED STATES of
America, Plaintiff-Appellee, v. BOBBY JOE KEESEE,
Defendant-Appellant. No. 96-50388. Submitted June 5, 1997
[FN***] FN*** The panel unanimously finds this case
suitable for disposition without oral argument Fed. R.App. P. 34(a) 9th Decided June 30, 1997. RELATED REFERENCE: United States v. Keesee, 82 F.3d 407 (Table) (3d Cir. 1996) Appeal from the United States District Court for the Central
District of California, CR-94-1048-JGD; John G. Davies, District Judge,
Presiding. JUDGES: Brunetti and O’Scannlain, Circuit Judges, and
Hogan, [FN**] Chief District Judge. FN** The Honorable Michael R. Hogan, Chief
District Court Judge for the District of Oregon, sitting by designation. MEMORANDUM [FN*] FN* This disposition is not appropriate for
publication and may not be cited to or by the courts of this circuit except as
provided by Ninth Circuit Rule 36-3. [**1] Appellant Bobby Joe Keesee appeals from the final order of
the United States District Court for the Central District of California
sentencing him to 46 months incarceration. Keesee was extradited from the
Federal Republic of Germany and contends the sentencing judge violated the
United States–Germany extradition treaty by considering conduct other
than that for which he was extradited. A defendant is not “punished” for non-charged
conduct simply because the court considers that conduct at sentencing. See Witte
v. United States, 515 U.S. 389,
115 S.Ct. 2199 (1995); McMillan v. Pennsylvania, 477 U.S. 79 (1986). Other
circuit courts have applied this principle in the extradition context. See United
States v. Saccoccia, 58 F.3d 754 (1st Cir.1995), cert. denied, 116 S.Ct. 1322 (1996);
United States v. Davis, 954 F.2d 182 (4th Cir.1992); Leighnor v. Turner, 884 F.2d 385 (8th
Cir.1989); United States v. Thirion, 813 F.2d 146 (8th Cir.1987). Because Keesee
was not sentenced or otherwise punished for an offense for which he was not
extradited, the district court did not violate the United States–Germany
extradition treaty. AFFIRMED. • Appellate Brief, October 15, 1996, Brief of Appellant Keesee • Appellate Brief, November 12, 1996, Brief of Appellee United States |