Rocco Messina & Charles J. Arico, A/K/A \Charles J. Pido, 728 F.2d 77 (1984). · Go Syfert
Rocco Messina & Charles J. Arico, A/K/A \Charles J. Pido, 728 F.2d 77 (1984). Cases Citing This Book View Copy Cite
46 citation events (23 in the last 25 years) across 19 distinct courts.
Strongest positive: Mirela v. United States (ctd, 2019-09-20)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Mirela v. United States
D. Conn. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
in the exercise of the extraditing judge's discretion, a fugitive may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country.
discussed Cited as authority (verbatim quote) Pena-Bencosme v. United States Attorney's Office
2d Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
fugitive may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country.
discussed Cited as authority (verbatim quote) Pena-Bencosme v. United States Attorney's Office
2d Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
fugitive may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country.
cited Cited as authority (rule) Lalama Gomez v. United States
2d Cir. · 2025 · confidence medium
Likewise, “a defendant has no right to cross-examine witnesses or introduce evidence to rebut that of the prosecutor.” Messina v. United States, 728 F.2d 77, 80 (2d Cir. 1984).
discussed Cited as authority (rule) Gomez v. MDC Brooklyn Warden
E.D.N.Y · 2025 · confidence medium
The fugitive “may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country.” Bisram, 777 F. App’x at 565 (quoting Messina v. United States, 728 F.2d 77, 80 (2d Cir. 1984)), On habeas review, the district court must simply consider whether “‘any evidence’” supports the magistrate judge’s ruling, a standard which is “deferential to the magistrate judge’s ruling.” Leon Heras v. Warden, Metro, Det.
discussed Cited as authority (rule) (HC) Blasko v. Thomas
E.D. Cal. · 2022 · confidence medium
The evidentiary rules of criminal litigation are not applicable. 19 As in the case of a grand jury proceeding, a defendant has no right to cross-examine witnesses or 20 introduce evidence to rebut that of the prosecutor.”) (citations omitted) (quoting Messina v. 21 United States, 728 F.2d 77, 80 (2d Cir. 1984)).
discussed Cited as authority (rule) In re the Extradition of Khochinsky
S.D.N.Y. · 2015 · confidence medium
Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984).
discussed Cited as authority (rule) Kapoor v. Dunne
2d Cir. · 2015 · confidence medium
“In the exercise of the extraditing judge’s discretion, a fugitive may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demánding country.” Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984).
cited Cited as authority (rule) In re the Extradition of Mujagic
N.D.N.Y. · 2013 · confidence medium
Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984).
discussed Cited as authority (rule) United States v. Nunez-Garrido
S.D. Fla. · 2011 · confidence medium
Charlton v. Kelly, 229 U.S. 447, 462 , 33 S.Ct. 945 , 57 L.Ed. 1274 (1913) (“ ‘[T]he cross-examination of the witnesses for the prosecution is certainly improper’ ”) (quoting United States v. White, 28 F.Cas. 588 (1807)); Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984) (“As in the case of a grand jury proceeding, a defendant has no right to cross-examine witnesses or introduce evidence to rebut that of the prosecutor”); accord In re Extradition of Romeo, No. 87-0808RC, 1987 WL 10373 , at *2 (D.Mass.
discussed Cited as authority (rule) United States v. Kashamu
7th Cir. · 2011 · confidence medium
Charlton v. Kelly, 229 U.S. 447, 458-62 , 33 S.Ct. 945 , 57 L.Ed. 1274 (1913); Romeo v. Roache, 820 F.2d 540, 543-14 (1st Cir.1987) (per curiam); Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984); Hooker v. Klein, supra, 573 F.2d at 1368 ; Snider v. Divittis, No. 3:07-0335, 2008 WL 681058 , at *3 (S.D.W.Va.
discussed Cited as authority (rule) In Re the Extradition of Jarosz
N.D. Ill. · 2011 · confidence medium
DeSilva v. DiLeonardi, 181 F.3d 865, 868-69 (7th Cir.1999); In Matter of Burt, 737 F.2d 1477, 1486 (7th Cir.1984); Messina v. United States, 728 F.2d 77, 80 (2nd Cir.1984); Laubenheimer v. Factor, 61 F.2d 626 (7th Cir.1932), aff'd, Factor v. Laubenheimer, 290 U.S. 276 , 54 S.Ct. 191 , 78 L.Ed. 315 (1933).
discussed Cited as authority (rule) In Re: In the Matter of the Extradition of Zhenly Ye Gon
D.D.C. · 2011 · confidence medium
Significantly, “[a]n extradition hearing is not the occasion for an adjudication of guilt or innocence.” Messina v. United States, 728 F.2d 77, 80 (2d Cir. 1984) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) In Re the Extradition of Zhenly Ye Gon
D.D.C. · 2011 · confidence medium
Significantly, “[a]n extradition hearing is not the occasion for an adjudication of guilt or innocence.” Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984) (internal quotation marks and citations omitted).
discussed Cited as authority (rule) In Re the Extradition of Skaftouros (2×) also: Cited "see"
S.D.N.Y. · 2009 · confidence medium
A fugitive “may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country.” Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984).
cited Cited as authority (rule) United States v. Ramnath
E.D. Tex. · 2008 · confidence medium
Theron v. United States Marshal, 832 F.2d 492, 496 (9th Cir.1987); Messina v. United States, 728 F.2d 77, 79 (2nd Cir.1984).
cited Cited as authority (rule) In Re the Extradition of Rodriguez Ortiz
N.D. Ill. · 2006 · confidence medium
Collins v. Loisel, 259 U.S. 309, 312 , 42 S.Ct. 469 , 66 L.Ed. 956 (1922); Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984).
discussed Cited as authority (rule) In Re the Extradition of Gambino
D. Mass. · 2006 · confidence medium
Finally, the relator has not been deprived of due process because of an inability to cross examine the government’s three affiants. 83 See Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1406-1407 (9th Cir.1988) (rejecting argument that court violated relator’s “due process rights when it denied his request to cross-examine an individual who submitted an affidavit in support of extradition”); Messina v. United States, 728 F.2d 77, 80 (2nd Cir.1984) (“[a]s in the case of a grand jury proceeding, a defendant has no right to cross-examine witnesses” in an extradition proceeding).
cited Cited as authority (rule) In Re the Extradition of Fulgencio Garcia
N.D. Ill. · 2002 · confidence medium
Collins v. Loisel, 259 U.S. 309, 312 , 42 S.Ct. 469 , 66 L.Ed. 956 (1922); Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984).
cited Cited as authority (rule) Lopez-Smith v. Hood
D. Ariz. · 1996 · confidence medium
Oen Yin-Choy v. Robinson, 858 F.2d 1400 (9th Cir.1988), cert. denied, 490 U.S. 1106 , 109 S.Ct. 3157 , 104 L.Ed.2d 1020 (1989) (agreeing with Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984)).
discussed Cited as authority (rule) Peryea v. United States
D. Vt. · 1991 · confidence medium
“The requirement of the Treaty is met if the particular acts charged are criminal in both jurisdictions, regardless of whether the crimes bear the same name.” Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984) (interpreting U.S.-Italy extradition treaty).
discussed Cited as authority (rule) Rosario Spatola v. United States
2d Cir. · 1991 · confidence medium
In this context, “habeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the of-fen[s]e charged is within the treaty and, by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty.” Fernandez v. Phillips, 268 U.S. 311, 312 , 45 S.Ct. 541, 542 , 69 L.Ed. 970 (1925) (citations omitted); see Ahmad v. Wigen, 910 F.2d 1063 , 1064-5 (2d Cir.1990); Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984); Simmons v. Braun, 627 F.2d 635, 637 (2d Cir.1980).
discussed Cited as authority (rule) Thomas J. Ward v. Herbert M. Rutherford, Iii, United States Marshal for the District of Columbia
D.C. Cir. · 1990 · confidence medium
As the district court emphasized, “ ‘[a]n extradition hearing is not the occasion for an adjudication of guilt or innocence.’ ” Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984) (quoting Melia v. United States, 667 F.2d 300, 302 (2d Cir.1981)).
discussed Cited as authority (rule) Gill v. Imundi (2×) also: Cited "see, e.g."
S.D.N.Y. · 1990 · confidence medium
Messina v. United States, 728 F.2d 77, 78-79, 80 (2d Cir.1984) (respecting discovery of tapes of conversations which were described by Court of Appeals as basis of extradition charges against extraditee).
discussed Cited as authority (rule) Ahmad v. Wigen ex rel. Metropolitan Correctional Center of the Federal Bureau of Prisons
unknown court · 1990 · confidence medium
In Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984), we held that on an appeal from the denial of habeas corpus in an extradition proceeding, we are concerned only with whether the appellant’s alleged offense fell within the terms of an extradition treaty, and whether an official with jurisdiction was presented with sufficient evidence to warrant a finding that there was a reasonable ground to believe that the appellant was guilty.
discussed Cited as authority (rule) Ahmad v. Wigen
unknown court · 1990 · confidence medium
In Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984), we held that on an appeal from the denial of habeas corpus in an extradition proceeding, we are concerned only with whether the appellant's alleged offense fell within the terms of an extradition treaty, and whether an official with jurisdiction was presented with sufficient evidence to warrant a finding that there was a reasonable ground to believe that the appellant was guilty.
discussed Cited as authority (rule) United States v. Casamento
2d Cir. · 1989 · confidence medium
In Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984), we made it clear that an extradition treaty's requirement that extraditable crimes be punishable in both nations "is met if the particular acts charged are criminal in both jurisdictions, regardless of whether the crimes bear the same names." See also Collins v. Loisel, 259 U.S. 309, 311 , 42 S.Ct. 469, 470 , 66 L.Ed. 956 (1922).
discussed Cited as authority (rule) United States v. Casamento
2d Cir. · 1989 · confidence medium
In Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984), we made it clear that an extradition treaty’s requirement that extraditable crimes be punishable in both nations “is met if the particular acts charged are criminal in both jurisdictions, regardless of whether the crimes bear the same names.” See also Collins v. Loisel, 259 U.S. 309, 311 , 42 S.Ct. 469, 470 , 66 L.Ed. 956 (1922).
discussed Cited as authority (rule) Tang Yee-Chun v. Immundi
S.D.N.Y. · 1987 · confidence medium
“The ‘wrongful exclusion of specific pieces of evidence, however important, does not render the detention illegal.’” Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984) (quoting Collins v. Loisel, supra 259 U.S. at 316, 42 S.Ct. at 472).
cited Cited as authority (rule) Matter of Extradition of Tang Yee-Chun
S.D.N.Y. · 1987 · confidence medium
Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984); Simmons v. Braun, supra, 627 F.2d 635 at 636 ; (2d Cir.1980); Fed.R.Evid. 1101(d)(3); Fed.R.Crim.P. 54(b)(5).
cited Cited "see" Matter of Extradition of Cheung
D. Conn. · 1997 · signal: see · confidence high
See Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984); Melia v. United States, 667 F.2d 300, 302 (2d Cir.1981); Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980).
cited Cited "see" Oen Yin-Choy v. Glen S. Robinson, U.S. Marshal for the Northern District of California
9th Cir. · 1988 · signal: see · confidence high
See Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984); Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980).
discussed Cited "see" In the Matter of the Extradition of Marie Louise Russell, Charged as Helen Millar. Marie Louise Russell, Charged as Helen Millar v. United States
9th Cir. · 1986 · signal: see · confidence high
See Messina v. United States, 728 F.2d 77, 79 (2d Cir.1984) (dual criminality provision in treaty is met if the particular acts charged are criminal in both jurisdictions); Brauch v. Raiche, 618 F.2d 843, 850-51 (1st Cir.1980) (proper focus is on acts, not offenses). 1 CONCLUSION The magistrate and the district court properly found Russell extraditable on 50 of the 52 offenses charged.
discussed Cited "see, e.g." In Re the Extradition of Bolanos
D.N.J. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Messina v. United States, 728 F.2d 77, 80 (2d Cir.1984) ("Appellants' attack on the adequacy of the Certification of Authenticity by the United States Ambassador to Italy is equally meritless.’') (citing Galanis v. Pallanck, 568 F.2d 234, 240 (2d Cir.1977)). 7 .See, e.g., Peryea v. United States, 782 F.Supp. 937, 939 (D.Vt.1991), aff'd, 970 F.2d 896 (2d Cir.1992); In re Extradition of Ramos Herrera, 268 F.Supp.2d 688, 693 (W.D.Tex.2003); In re Extradition of Fulgencio Garcia, 188 F.Supp.2d 921, 932 (N.D.Ill.2002). 8 .
Retrieving the full opinion text from the archive…
\"
v.
United States"
Van Graafeiland, Timbers, Van Graafei-Land Newman.
38  |  Kenneth A. Reiver, Cedarhurst, N.Y., for appellant Messina., Louis M. Freeman, New York City (Freeman, Nooter & Ginsberg, New York City, of counsel), for appellant Arico., Reena Raggi, Asst. U.S. Atty., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty. and Allyne R. Ross, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for appellee.
VAN GRAAFEILAND, Circuit Judge:

Rocco Messina and Charles Arico appeal from an order of the United States District Court for the Eastern District of New York (Glasser, J.) denying appellants’ petitions for writs of habeas corpus. Pursuant to the Treaty on Extradition between the United States and Italy, Italy had requested the extradition of appellants for committing the crimes of aggravated attempted extortion and aggravated private violence, in violation of Italian law. After conducting an extradition hearing and finding probable cause to believe that appellants had committed the crimes with which they were charged, Judge Glasser certified their ex-traditability. Appellants’ petitions for writs of habeas corpus were denied, and this appeal is from that denial.

Because it appeared at the hearing before us that there might have been a misunderstanding whether tapes of certain telephone calls had been forwarded from Italy with the other documents requesting extradition, we remanded the matter to the district court for clarification on this point. We[*79] now have been informed by Judge Glasser that he had the tapes before him on the original hearing and that he listened to them. His decision, however, was based on the transcripts of the tapes which also were before him. Insofar as the district judge was concerned, there was no misunderstanding. Accordingly, we may proceed to the merits.

Michele Sindona was an Italian financier whose “massive, complicated, and unscrupulous” machinations played a major role in the collapse of the Franklin National Bank. See United States v. Sindona, 636 F.2d 792, 795 (2d Cir.1980), cert. denied, 451 U.S. 912, 101 S.Ct. 1984, 68 L.Ed.2d 302 (1981). Many of these machinations involved the improper use of deposits in Italian banks which Sindona controlled. Id. at 796-97. Although Sindona currently is serving a twenty-five year sentence as a result of his 1980 conviction in the United States District Court for the Southern District of New York, Italy has sought and continues to seek his extradition so that he can be tried for his criminal activities in that country. See, e.g., Matter of Sindona, 450 F.Supp. 672 (S.D.N.Y.1978).

One of the problems that has faced both American and Italian authorities has been the murder or intimidation of potential prosecution witnesses. For example, after the murder of one Giorgio Ambrosoli who was scheduled to testify in the 1980 trial, four Italian witnesses refused to come to New York and testify. United States v. Sindona, supra, 636 F.2d at 802-04.

Giorgio Ambrosoli was the liquidator of Banca Privata Italiana, one of the Italian banks controlled by Sindona, which was forced into liquidation. Sindona wanted to work out a settlement plan for this bank and tried to force Enrico Cuccia, a prominent Italian banker, to help him secure governmental approval of the proposed plan. Cuccia reported to Italian authorities that, between 1977 and 1980, he had received numerous threats directed against both him and members of his family. These included a series of anonymous telephone calls which were accompanied by demands for both cooperation and money.

Two such calls, which were received on March 28, 1980, were taped by the Italian police. The tapes were played for Henry Hill, an American who knew appellants. Hill identified the anonymous caller on the first tape as Messina and the caller on the second tape as Arico. Ronald Ehnes, a Deputy United States Marshal, also identified the second caller as Arico. Relying in part on the sworn affidavits of these two men and transcripts of the taped threats, Judge Glasser certified that appellants were extraditable to Italy to answer the charges against them in that country. Those charges, which were based on the March 28 telephone calls, accused appellants of aggravated attempted extortion, aggravated private violence, and complicity in the commission of those crimes.

On this appeal from the denial of habeas corpus, we are concerned only with whether appellants’ alleged offenses were covered by an extradition treaty and whether an official with jurisdiction was presented with any evidence warranting a finding that there was reasonable ground to believe appellants guilty. Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 542, 69 L.Ed. 970 (1925); Simmons v. Braun, 627 F.2d 635, 637 (2d Cir.1980). We are satisfied that both questions must be answered in the affirmative.

We find no merit in appellants’ contention that the offenses for which they are being extradited are “not punishable by the laws of both Contracting Parties”, as required by the terms of the Extradition Treaty between the United States and Italy. The requirement of the Treaty is met if the particular acts charged are criminal in both jurisdictions, regardless of whether the crimes bear the same names. Collins v. Loisel, 259 U.S. 309, 312, 42 S.Ct. 469, 470, 66 L.Ed. 956 (1922). The Italian offenses with which appellants are charged are in the nature of extortion. Looking to both federal and state law, as he was permitted to do, see Hu Yau-Leung v. Soscia, 649 F.2d 914, 918-19 (2d Cir.), cert. denied, 454 U.S.[*80] 971,102 S.Ct. 519, 70 L.Ed.2d 389 (1981), the extraditing judge had no difficulty in finding similar federal and state statutes. See, e.g., 18 U.S.C. § 1952; N.Y.Penal Law § 135.65.

We likewise find no merit in appellants’ contention that the extradition proceedings were defective in some manner because the district court did not grant appellants’ motion for discovery of the tapes. As has been pointed out repeatedly, “[a]n extradition hearing is not the occasion for an adjudication of guilt or innocence.” Melia v. United States, 667 F.2d 300, 302 (2d Cir.1981). The evidentiary rules of criminal litigation are not applicable. Id.; Simmons v. Braun, supra, 627 F.2d at 636; Fed.R.Crim.P. 54(b)(5); Fed.R.Evid. 1101(d)(3). As in the case of a grand jury proceeding, a defendant has no right to cross-examine witnesses or introduce evidence to rebut that of the prosecutor. Charlton v. Kelly, 229 U.S. 447, 462, 33 S.Ct. 945, 57 L.Ed. 1274 (1913); see United States v. Y. Hata & Co., 535 F.2d 508, 512 (9th Cir.), cert. denied, 429 U.S. 828, 97 S.Ct. 87, 50 L.Ed.2d 92 (1976). In the exercise of the extraditing judge’s discretion, a fugitive may be permitted to offer explanatory testimony, but may not offer proof which contradicts that of the demanding country. United States ex rel. Petrushansky v. Marasco, 325 F.2d 562, 567 (2d Cir.1963), cert. denied, 376 U.S. 952, 84 S.Ct. 969, 11 L.Ed.2d 971 (1964). However, the “wrongful exclusion of specific pieces of evidence, however important, does not render the detention illegal.” Collins v. Loisel, supra, 259 U.S. at 316, 42 S.Ct. at 472; see United States ex rel. Hughes v. Gault, 271 U.S. 142, 151, 46 S.Ct. 459, 460, 70 L.Ed. 875 (1926).

Appellants’ argument that the affidavits of Hill and Ehnes, sworn to before a Notary Public, were not statements under oath as required by the Treaty, is specious. See N.Y.Penal Law § 210.00(1); N.Y.Civ. Prac.Law § 2309(a); N.Y.Real Prop. Law § 298(l)(d). Appellants’ attack on the adequacy of the Certification of Authenticity by the United States Ambassador to Italy is equally meritless. See Galanis v. Pallanck, 568 F.2d 234, 240 (2d Cir.1977); 18 U.S.C. § 3190.

Being satisfied that, upon competent and satisfactory proof submitted to the certifying judge, the Italian government made out a case which justified holding appellants to answer the charges against them, see Sindona v. Grant, 619 F.2d 167, 175 (2d Cir.1980), we affirm.

Mandate shall issue forthwith.