Legal Opinion

Tanci Balzan v. United States

Court of Appeals for the Fifth Circuit

Decided December 7, 2012No. 11-10979PublishedCited by 1 opinion

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

An extradition treaty between the United States and Argentina contains a so-called “dual criminality” clause. That clause makes an offense extraditable if it could be punished, under the laws of both countries, with over a year of imprisonment. 1 A magistrate certified that peti tioner Balzan could be extradited to Argentina to stand trial for fraud. Balzan contends that his alleged fraud is not an extraditable offense; he argues that because the government did not establish the value of the goods he obtained, his possible jail term under domestic law…

2Cases cited10 opinions

  1. Fernandez v. PhillipsSupreme Court of the United States · 1925
  2. Wright v. HenkelSupreme Court of the United States · 1903
  3. Ornelas v. RuizSupreme Court of the United States · 1896
  4. Gaspar Eugenio Jimenez Escobedo v. United States of America, Gustavo Castillo v. Donald D. Forsht, U. S. MarshalCourt of Appeals for the Fifth Circuit · 1980
  5. Jose Miguel Garcia-Guillern v. United StatesCourt of Appeals for the Fifth Circuit · 1971

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3Cited by1 opinion

  1. Valentino v. United States MarshalDistrict Court, S.D. Texas · 2020

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