Benitez had originally received habeas relief on a claim that the United States failed to comply with the term of the extradition treaty from Venezuela guaranteeing a sentence of no more than 30 years in prison. The panel had found that the issue was ripe for review as the dispute turned on the term sentenced and not the term served and that the AEDPA criteria was met because the sentence resulted from the state court’s objectively unreasonable application of the established federal law dealing with extradition treaties. Now, however, the en banc court reversed and found that Benitez failed to establish that the state court’s decision was an unreasonable application of clearly established federal law. The federal law only addressed limitations on charged offenses and not sentencing and no Supreme Court decision has considered the sentencing issue. AEDPA ultimately defeated appellant’s claim.