Benitez

Benitez v. Garcia

Good Law

419 F. Supp. 2d 1234·2004 WL 3727010·2004 U.S. Dist. LEXIS 29408

United States District Court, Southern District of CaliforniaJune 7, 200402CV0489DMS (AJB)California6,695 words

Opinion

Sabraw, J.

ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE IN PART AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

On March 14, 2002, Petitioner Cristobal Rodriguez Benitez (“Petitioner” or “Beni-tez”), a state prisoner proceeding with the assistance of counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). Petitioner previously had been extradited from Venezuela to the United States on a charge of murder, and later convicted of that offense by a state jury. In his Petition, Benitez claims the punishment he received from the state court violates the terms of the extradition treaty between the United States and Venezuela, ánd the trial court committed error when it instructed the jury.

On September 8, 2003, following briefing by the parties, the Magistrate Judge formerly assigned to this case issued a Report and Recommendation (“Report”). The Report concludes the California District Court of Appeal (“state court”) erred in upholding a 19-years-to-life indeterminate sentence because the sentence violates the Venezuelan extradition decree, which limits Petitioner’s punishment to no more than thirty years incarceration. The Report, however, recommends…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.