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United States of America v. Buruji Kashamu

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ARGUED MAY 2, 2011

Before POSNER, KANNE, and TINDER, Circuit Judges.

This appeal requires us to consider the collateral estoppel effect, if any, of findings made by foreign courts in extradition proceedings. Back in May 1998 defendant Kashamu was one of fourteen persons charged in an indictment returned by a federal grand jury in Chicago with conspiracy to import and distribute heroin in violation of 21 U.S.C. § 963. He was indicted both in his own name and under what the gov- ernment believed to be two aliases that he used: “Alaji” and “Kasmal.” But he could not be found. He had not been arrested; he did not jump bail; his whereabouts simply were unknown. The government did not ask that he be tried in absentia. The case proceeded against the other defendants (except for one who like Kashamu could not be found), and all of them were convicted.

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