On October 16, 1972, appellant was charged in indictment 72-CR-1162 issued in the United States District Court for the Eastern District of New York with conspiring to traffic in narcotics between January 1969 and September 1972. On February 13, 1973, the United States requested Spanish authorities to provisionally arrest appellant pending a formal request for his extradition. On February 15, 1973, a second indictment 73-CR-164, was issued in the Eastern District charging appellant with conspiring to traffic in narcotics between 1965 and the date of the indictment. The government then requested appellant’s extradition from Spain. Although this request was based on indictment 73-CR-164, the order of the Spanish court directing extradition listed the dates of the conspiracy as running from January 1969 to September 1972, the period covered by indictment 72-CR-1162.
Appellant was tried and convicted under indictment 73-CR-164, and this is an appeal from that conviction. Appellant asserts that the discrepancy between the dates contained in the order of extradition and those of indictment 73-CR-164 deprived the District Court of jurisdiction under the “principle of specialty” which restricts prosecution to the crime for which extradition was specifically granted.
United States v. Rauscher,
In
United States v. Paroutian,
Appellant’s other assertions of error merit no discussion. The judgment of conviction is affirmed.
