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Cedarbloom v. United States

United States District Court, D. Oregon

May 29, 2018

TIMOTHY SCOTT CEDARBLOOM, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

          OPINION AND ORDER

          MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE

         Petitioner brings this habeas corpus case pursuant to 28 U.S.C. § 2241 challenging his certification for extradition. For the reasons that follow, the Petition for Writ of Habeas Corpus (#1) is denied.

         BACKGROUND

         On November 23, 1998, Petitioner robbed a branch of the Canada Trust Bank in Halifax, Nova Scotia. Three days later, he pled guilty to one count of Robbery in violation of Section 344 of the Criminal Code of Canada and received a 42-month prison sentence.

         On August 28, 2000, Canadian authorities released Petitioner on day parole, instructing him to proceed directly to a community-based residential facility in Halifax. Petitioner never showed up to the residential facility, prompting the revocation of his parole and the issuance of an arrest warrant.

         In 2012, American authorities arrested Petitioner for driving under the influence. They contacted the Correctional Service of Canada ("CSC") notifying it of Petitioner's detention, but released Petitioner before the CSC finalized its decision regarding extradition. Misc. Docket (#1-3), p. 5.[1]

         In 2014, the U.S. Forest Service discovered Petitioner sleeping in a park, confirmed his identity via photographs, and notified the CSC of Petitioner's status and whereabouts. The CSC declined to make an extradition request at that time due to Petitioner's transient status. Id.

         On July 2, 2015, a Deschutes County Deputy Sheriff contacted the CSC to report that he had discovered Petitioner at a property in Bend while investigating a complaint of neglected llamas. As a result of this contact, on October 26, 2015, the Government of Canada formally requested Petitioner's extradition, and twice supplemented that request on June 28, 2016 and August 26, 2016, respectively. Misc. Docket (#1-1), p. 2.

         On February 28, 2017, the U.S. District Court issued a warrant for Petitioner's arrest based upon Canada's extradition request. Two days later, authorities arrested Petitioner at the Bend residence where he had been discovered on July 2, 2015. On March 6, 2017, the Honorable Paul Papak released Petitioner on conditions. Misc. Docket (#5).

         On July 12, 2017, Judge Papak conducted an extradition hearing, and followed up with a supplemental hearing six days later. On August 7, 2017, Judge Papak certified Petitioner as extraditable to Canada. Misc. Docket (#27).

         Petitioner filed this 28 U.S.C. § 2241 habeas corpus case challenging Judge Papak's extradition certification on several bases:

1. The Canadian Parliament never ratified the Extradition Treaty, thus it has no effect;
2. The "dual criminality" requirement has not been met in this case because the robbery of a bank insured by the Federal Deposit Insurance Corporation ("FDIC") is not ...

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