ALEJANDRO TOLEDO MANRIQUE, No. 22-15705

Petitioner-Appellant, D.C. No. 3:21-cv-08395-LB Northern District of California, v. San Francisco MARK KOLC, Acting United States ORDER Marshal for the Northern District of California,

Respondent-Appellee. Before: FRIEDLAND and R. NELSON, Circuit Judges, and CARDONE,* District Judge.

The published order filed on April 5, 2023 is amended as follows: On slip opinion page 14, lines 5–11, replace

in bribe money was transferred into accounts under his former chief-of-security’s control, $17.5 million ended up in his mother-in-law’s company, and $500,000 was deposited in a bank account in his name or used to purchase real estate titled to him.> with

mother-in-law’s company, and $500,000 was deposited in a bank account in his

* The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation. name or used to purchase real estate titled to him.>

With these amendments, the panel unanimously votes to deny the petition for panel rehearing.

Judges Friedland and R. Nelson vote to deny the petition for rehearing en banc, and Judge Cardone so recommends. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petitions for panel rehearing and rehearing en banc (Dkt. No. 55) are DENIED.

2 FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 18 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALEJANDRO TOLEDO MANRIQUE, No. 22-15705

Petitioner-Appellant, D.C. No. 3:21-cv-08395-LB Northern District of California, v. San Francisco MARK KOLC, Acting United States AMENDED ORDER Marshal for the Northern District of California,

Respondent-Appellee. Before: FRIEDLAND and R. NELSON, Circuit Judges, and CARDONE,* District Judge.

Peru seeks to extradite its former president Alejandro Toledo Manrique to face criminal charges for allegedly accepting millions of dollars in bribes during his presidency. Manrique moves to stay his extradition pending resolution of this habeas appeal. Because he has not shown a sufficient likelihood of success on his habeas petition, we deny his stay request.

I

Peruvian prosecutors accused Toledo of money laundering and collusion.

* The Honorable Kathleen Cardone, United States District Judge for the Western District of Texas, sitting by designation. They made these accusations in two Prosecutor’s Decisions, documents that summarize the ongoing investigation, and in an Acusación Fiscal, a document produced at the end of an investigation that lays out the crimes allegedly committed and supporting evidence. After receiving approval from the Supreme Court of Justice of Peru, the Peruvian government presented an extradition request to the United States in May 2018 and sent a supplemental request in August 2020.

Following the usual procedures for extradition, a federal prosecutor filed a criminal complaint against Toledo. Toledo was arrested and placed in custody and detained for about eight months before being released on bail. A United States magistrate judge then certified his extradition to the State Department. Once a court certifies