Cristobal Rodriguez Benitez v. Sylvia Garcia, Warden

OPINION AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed January 22, 2007, is amended as follows:

Slip opinion, page 880, last sentence of the second paragraph is deleted and replaced with:

We therefore reverse the district court’s denial of Benitez’s habeas petition.

Slip opinion, page 887, section IV, paragraph [10] is deleted and replaced with:

OPINION

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 a sentence limitation contained in the extradition decree from the Supreme Court of Venezuela and the Venezuelan Ministry of Foreign Affairs. The district court denied his petition; Benitez appealed. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(c).

Where the provisions of the extradition treaty so provide, the surrendering country may condition extradition of the fugitive on punishment limitations. The Supreme Court has clearly…