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United States Ninth Circuit


Benitez v. Garcia, 04-56231

Denial of a petition for habeas corpus challenging a life sentence for murder following petitioner's extradition to the U.S. from Venezuela is reversed where a state court's failure to give effect to a Venezuelan extradition order was an objectively unreasonable application of clearly established Supreme Court precedent. (Amended opinion)

Appellate Information

  • Argued 07/13/2005
  • Decided 02/08/2007
  • Published 02/08/2007

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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