164260P.pdf   03/30/2018  John Graham  v.  Darin Young
   U.S. Court of Appeals Case No:  16-4260
                          and No:  16-4448
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Loken, Author, with Beam and Colloton, Circuit Judges] 
   Prisoner case - habeas. Graham, who was extradited from Canada and 
   convicted of felony murder in South Dakota state court, argues that his 
   conviction violated the "dual criminality" provision of Article 2 of the 
   Treaty on Extradition between Canada and the United States of America 
   because the South Dakota trial court lacked jurisdiction to try him, in 
   that felony murder is not a crime in Canada and, therefore, is not an 
   extraditable offense under the Treaty. Graham has statutory standing to 
   raise the dual criminality limitation as his claim falls within the zone 
   of interests protected by the Treaty; the court will not sit in judgment 
   of Canada's interpretation of Canadian criminal law as authorizing Canada 
   to extradite Graham under Article 2 of the Treaty for a felony murder 
   prosecution in the U.S.; in granting the Consent to Waiver of Speciality, 
   Canada's Minister of Justice necessarily determined that the conduct 
   alleged would have violated Canadian law and was an extraditable offense; 
   Minister of Justice's authority to issue a Consent to Waiver is a matter 
   of Canadian law which cannot be collaterally attacked in U.S. courts.