United States District Court, M.D. Florida, Fort Myers Division
IN THE MATTER OF THE EXTRADITION OF VICTOR MANUEL CRISMATT, JR.
MIRANDO United States Magistrate Judge.
matter comes before the Court upon review of a request for
the extradition of Victor Manuel Crismatt Jr.
(“Crismatt” or “extraditee”) filed by
the United States on behalf of the Republic of Panama
(“Panama”) pursuant to the Treaty between the
United States of America and Panama, Providing for the
Extradition of Criminals, signed on May 25, 1904, 34 Stat.
2851 (the “Treaty”). Docs. 29, 33-1.
October 10, 2016, pursuant to 18 U.S.C. § 3184 and
Article IV of the Treaty, the United States, acting for and
on behalf of Panama, filed a Complaint for Provisional Arrest
with a View towards Extradition (the
“Complaint”). Doc. 2 ¶¶ 1-4. Crismatt
is charged in the Province of Coclé, Panama with
Aggravated Homicide by killing and dismembering his father on
or about August 4, 2016. Id. ¶¶ 5-6. On
August 5, 2016, the Court of Guarantees for the Province of
Coclé issued a warrant for Crismatt's arrest.
Id. ¶ 5. Crismatt is a United States citizen
and currently is located in Fort Myers, Florida. Id.
¶¶ 10-11. The United States on behalf of Panama
seeks to extradite Crismatt pursuant to the Treaty and 18
U.S.C. § 3184. Docs. 2, 29.
to 18 U.S.C. § 3184 and the Complaint, a warrant
directing the arrest of Crismatt was executed on October 11,
2016. Doc. 9. After his arrest, Crismatt appeared before
United States Magistrate Judge Mac R. McCoy on October 12,
2016, who advised Crismatt of the proceedings against him and
appointed Assistant Federal Defender Martin DerOvanesian to
represent Crismatt. Docs. 5, 8. After requesting a detention
hearing, Crismatt waived the issue of detention and did not
seek release pending extradition, and Judge McCoy ordered
that Crismatt be detained without prejudice pending
extradition proceedings and extradition. Doc. 13 at 1.
United States filed electronic copies of the documentary
support for the request for extradition in Spanish (Docs. 27,
39) and translations in English (Doc. 28). The United States
also filed a memorandum of law in support of extradition.
Doc. 30. Crismatt submitted two responses in opposition.
Docs. 33, 37. The United States filed a reply brief in
opposition to Crismatt's first response. Doc. 36. On May
18, 2017, the undersigned held a hearing on the request for
extradition. Doc. 40. Crismatt appeared with his counsel, and
the United States, acting for and on behalf of Panama, was
represented by Assistant United States Attorney Jeffrey
Michelland. Doc. 41. At the hearing, the United States
presented the hard copy originals of the documentary support
for the request for extradition in Spanish and translations
in English, the Treaty, and a letter from the United States
Department of State confirming receipt of the formal
extradition request from Panama dated December 9, 2016.
Government Exhibits 1-3, 4A-D, 5A-D.
the hearing, Crismatt's counsel renewed his arguments
made in his two filed responses (Docs. 33, 37), specifically
noting his position that the Treaty does not apply to him,
and represented that Crismatt's position remains the same
as stated in his two responses. In addition, Crismatt's
counsel informed the Court that he wished to preserve and
maintain the rule of specialty at Article VIII of the
Treaty.See Doc. 33-1 at 5; Gov. Ex. 1.
Evidence in Support of Extradition Request
18, United States Code, Section 3190 governs the
admissibility of documents offered during an extradition
hearing. Afanasjev v. Hurlburt, 418 F.3d 1159, 1164
(11th Cir. 2005). Section 3190 provides that:
Depositions, warrants, or other papers or copies thereof
offered in evidence upon the hearing of any extradition case
shall be received and admitted as evidence on such hearing
for all the purposes of such hearing if they shall be
properly and legally authenticated so as to entitle them to
be received for similar purposes by the tribunals of the
foreign country from which the accused party shall have
escaped, and the certificate of the . . . consular officer of
the United States resident in such foreign country shall be
proof that the same, so offered, are authenticated in the
18 U.S.C. § 3190.
the hearing, with no objection by Crismatt, the Court found
that the documents submitted by the United States on behalf
of Panama are properly authenticated in accordance with 18
U.S.C. § 3190. In compliance with the statute, the
United States submitted the certificate of Alice F. Seddon
(“Seddon”), Consul General of the United State
Embassy in Panama City. See genera
ly Docs. 28-1 at 2; 28-2 at 1; 28-5 at
1; 28-7 at 1. Seddon certified that the supporting documents
submitted by Panama are properly and legally authenticated so
as to entitle them to be received in evidence for similar
purposes by the tribunals of Panama as required by 18 U.S.C.
§ 3190. Doc. 28-1 at 2. Accordingly, the Court admitted
the documents into evidence during the hearing. Docs. 27, 28,
40, 41; Gov. Ex. 1-3, 4A-D, 5A-D.
matter of international extradition of fugitives is governed
by 18 U.S.C. §§ 3184, et seq. when there
is a treaty of extradition between the United States and any
foreign government. The statute provides in relevant part:
Whenever there is a treaty or convention for extradition
between the United States and any foreign government, . . .
any magistrate judge authorized so to do by a court of the
United States, . . . may, upon complaint made under oath,
charging any person found within his jurisdiction, with
having committed within the jurisdiction of any such foreign
government any of the crimes provided for by such treaty or
convention, . . . issue his warrant for the apprehension of
the person so charged, that he may be brought before such . .
. magistrate judge, to the end that the evidence of
criminality may be heard and considered. . . . If, on such
hearing, he deems the evidence sufficient to sustain the
charge under the provisions of the proper treaty or
convention, or under section 3181(b), he shall certify the
same, together with a copy of all the testimony taken before
him, to the Secretary of State, that a warrant may issue upon
the requisition of the proper authorities of such foreign