Tanci Balzan v. United States
Court of Appeals for the Fifth Circuit
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
- Fernandez v. PhillipsSupreme Court of the United States · 1925
- Wright v. HenkelSupreme Court of the United States · 1903
- Ornelas v. RuizSupreme Court of the United States · 1896
- 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
- Jose Miguel Garcia-Guillern v. United StatesCourt of Appeals for the Fifth Circuit · 1971
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3Cited by1 opinion
- Valentino v. United States MarshalDistrict Court, S.D. Texas · 2020