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United States Ninth Circuit


Benitez v. Garcia, 04-56231

Denial of a petition for habeas corpus challenging a sentence for murder following defendant's extradition to the United States from Venezuela is reversed where a Venezuelan extradition decree and a subsequent official notification of Venezuela's understanding of the extradition terms indicated that defendant was not to be sentenced to more than thirty years.

Appellate Information

  • Argued 07/13/2005
  • Decided 05/23/2006
  • Published 05/23/2006

Judges

  • Before:  JEROME FARRIS, D.W. NELSON, and RICHARD C. TALLMAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Barbara Strickland, San Diego, CA, for the appellant.

  • For Appellees:
  • Matthew Mulford, Deputy Attorney General, San Diego, CA, for the appellee.
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