U.S. Appellate Court Reverses Lower Court, Upholds Specialty in Venezuelan Extradition

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Tuesday, August 1, 2006
Author: 
Bruce Zagaris
Volume: 
22
Issue: 
8
305
Abstract: 
On May 23, 2006, the U.S. Court of Appeals for the Ninth Circuit unanimously upheld the condition of a Venezuelan grant of extradition that a relator could not be sentenced to more than thirty years in prison, reversing a district court decision. Cristobal Rodriguez Benitez was arrested in Venezuela and extradited to the U.S., where he was tried and convicted of murder in a California Superior Court (San Diego) and sentenced to an indeterminate sentence of fifteen years to life. He petitioned for a writ of habeas corpus.