🇷🇸 Serbia → 🇺🇸 United States

The requested person, a United States citizen detained in Serbia and contesting extradition to the United States, sought to join a co-defendant’s motion to dismiss the indictment for alleged prosecutorial misconduct before the grand jury. The District Court held that a person who is indicted while abroad may be treated as a constructive or functional fugitive where at least one reason for remaining abroad is to avoid prosecution, even if the original departure was for legitimate reasons. His continued opposition to extradition and refusal to submit to the Court’s jurisdiction were sufficient to establish fugitive status and justified application of the fugitive disentitlement doctrine. The Court therefore denied, without prejudice, both the request to join the motion to dismiss and access to sealed grand jury materials, while allowing those requests to be renewed after the requested person submits to jurisdiction and is arraigned.