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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 U.S. from Venezuela is affirmed where a state court's decision was not contrary to clearly established federal law in refusing to extend Supreme Court holdings governing limitations on charged offenses to unilaterally imposed sentencing conditions. (Substituted opinion)

Appellate Information

  • Argued 07/13/2005
  • Decided 07/16/2007
  • Published 07/16/2007

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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