Benitez v. Garcia

ORDER ADOPTING RECOMMENDATION OF MAGISTRATE JUDGE IN PART AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

SABRAW, District Judge.

On March 14, 2002, Petitioner Cristobal Rodriguez Benitez (“Petitioner” or “Beni-tez”), a state prisoner proceeding with the assistance of counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”). Petitioner previously had been extradited from Venezuela to the United States on a charge of murder, and later convicted of that offense by a state jury. In his Petition, Benitez claims the punishment he received from the state court…