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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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