United States v. Kashamu

In 1998 defendant was one of 14 persons charged in an indictment returned by a federal grand jury in Chicago with conspiracy to import and distribute heroin (21 U.S.C. 963). He was indicted in his own name and under supposed aliases, including "Alaji," but could not be found. The others were convicted. Defendant was found in England and, after protracted extradition proceedings failed, he apparently went to Nigeria. In 2009 he moved to dismiss the indictment on the ground that the English magistrate had found that he was not Alaji. The finding was based on a remarkable resemblance between defendant and his brother. The district judge denied the motion. The Seventh Circuit affirmed, noting the lack of finality in a denial of extradition and that the denial was not the equivalent of acquittal. Only findings that are necessary to a court's decision are entitled to preclusive effect. View "United States v. Kashamu" on Justia Law