In U.S. v. Marquez, No. 08-12588 (Jan. 22, 2010), the Court affirmed the conviction of a defendant convicted of a RICO conspiracy in violation of 18 U.S.C. § 1962(c).
Marquez argued his extradition to the United States violated the “rule of specialty” and the “rule of dual criminality.” The Court pointed out, however, that Marquez failed to raise these objections prior to trial, as required by Fed. R. Crim. P. 12(b)(3)(A), (c). Because a challenge to extradition is a challenge to the means by which personal jurisdiction is obtained – not a matter of subject matter jurisdiction – it is waivable. Here, it was waived. Consequently, Marquez waived his “rule of specialty” and “dual criminality” challenges to his conviction.
