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Name: Benitez v. Garcia
Case #: 04-56231
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/16/2007

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…

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Name: People v. Minor
Case #: G031791
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/27/2005
Subsequent History: 5/11/05: Revw. GRANTED & transferred; depublished

An extradition agreement precluding punishment for a particular conviction does not prevent use of that offense to enhance the sentence in another case. In 1993, the defendant was placed on probation in Riverside County for gross vehicular manslaughter while intoxicated and other offenses after a drunk driving accident in which he injured two people and killed one. In 1998, while on probation for that case, he was involved in other offenses in Orange County, including one that resulted in a charge of assault with a deadly weapon on a police officer. The Riverside County conviction was alleged…

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Name: People v. Dial
Case #: C045211
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/03/2004
Subsequent History: mod. 11/19/04; revw. den. 2/16/05

An out-of-state prisoner awaiting sentence in California is not similarly situated to an out-of-state prisoner awaiting trial. After entering into a plea agreement but prior to sentencing, defendant left California and was imprisoned in Nevada on a different matter. While in prison in Nevada, defendant filed a request to resolve the case in California, but refused to waive his right to be present at sentencing. After he completed his term in Nevada, he was sentenced to prison in California. The Court of Appeal found that the Interstate Agreement on Detainers (IAD) does not apply to those…

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Name: In re Walton
Case #: B153201
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/26/2002
Subsequent History: Rehg. denied 7/11/02. Stay order issued 8/15/02 terminated. Rev. denied 9/11/02.

In a habeas petition, a prison escapee from Georgia challenged an extradition order returning him to Georgia to serve the remaining term of a seven-year sentence for robbery imposed in 1972. He argued that a surrender to Georgia authorities would lead to a de facto death sentence since he suffered from AIDS, in violation of the constitutional proscription against cruel and unusual punishment. Here, the appellate court denied the writ. Georgia was entitled to extradition and there was insufficient cause to deny it. A dissenting opinion by J. Johnson concluded that this was a rare instance…

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