Cristobal Rodriguez Benitez v. Sylvia Garcia, Warden

Cristobal Rodriguez Benitez was arrested in Venezuela and extradited to the United States. Benitez was tried and convicted of murder, and sentenced to an indeterminate sentence of fifteen years to life (in addition to four years for the use of a firearm). Benitez petitioned for a writ of habeas corpus, arguing that his sentence could not exceed thirty years because of an extradition decree from the Supreme Court of Venezuela and the Venezuelan Ministry of Foreign Affairs pursuant to the extradition treaty between the United States and Venezuela. The district court denied his petition, and Benitez appealed.

The rights claimed by Benitez pursuant to the extradition treaty are clearly established federal law pursuant to treaty law, and the sentence issued by the California Superior Court contravenes these rights, providing a basis for reversal. Where the provisions of the extradition treaty so provide, the surrendering country may expressly condition extradition of the fugitive. Federal habeas courts may enforce limitations on punishment if a potential punishment exceeds the conditional punishment imposed by the country agreeing to extradite the defendant in a particular…