What is the test for establishing that a witness is unavailable to be extradited from the country where the witness is based?
MultiRegion, United States of America
The following excerpt is from U.S. v. Losada, 674 F.2d 167 (2nd Cir. 1982):
1 United States v. Squella-Avendano, 478 F.2d 433 (5 Cir. 1973), held that, in the absence of an extradition treaty with the country in which the unavailable witness was located, the witness' unavailability was sufficiently established. Id. at 439.
2 21 U.S.C. 848(b)(1976) provides:
"(b) Continuing criminal enterprise defined. For purposes of subsection
(a) of this section, a person is engaged in a continuing criminal enterprise if-
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