HERNANDEZ

v.

UNITED STATES

Citator

Cited By

• United States v. Lehder-Rivas, 955 F.2d 1510 (11th Cir. 1992)
  …h he or she was surrendered by the requested state or else must allow that person an opportunity to leave the prosecuting state to which he or she had been surrendered.’ ” United States v. Herbage, 850 F. 2d 1463, 1465 (11th Cir.1988), cert. denied, 489 U.S. 1027, 109 S.Ct. 1158, 103 L.Ed.2d 217 (1989) (citation omitted). Because the purpose of the rule of specialty is to ensure that the contracting nations faithfully observe the treaty, the extradited person may “raise only those objections to the extradi…
• United States v. Noriega, 117 F.3d 1206 (11th Cir. 1997)
  …7). In other cases decided before Noriega filed his motion to dismiss, however, this court assumed that individuals had standing to enforce treaty provisions. See, e.g., United States v. Herbage, 850 F. 2d 1463, 1466 (11th Cir.1988), cert. denied, 489 U.S. 1027, 109 S.Ct. 1158, 103 L.Ed.2d 217 (1989). We question whether Noriega failed to litigate this extradition treaty claim in district court due to the apparent, then-existing conflict in this circuit’s authority regarding treaty enforcement, particula…
• United States v. Uriel Lara-Velasquez, 919 F.2d 946 (5th Cir. 1990)
  …). The court’s charge not only must be legally accurate, but also factually supportable; the court “may not instruct the jury on a charge that is not supported by evidence.” United States v. Ortega, 859 F. 2d 327, 330 (5th Cir.1988), cert. denied, 489 U.S. 1027, 109 S.Ct. 1157, 103 L.Ed.2d 216 (1989).4 In assessing whether the evidence sufficiently supports the district court’s charge, this Court must view the evidence and all reasonable inferences that may be drawn from the evidence in the light most favo…