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BALZAN v. U.S.

No. 11-10979.

702 F.3d 220 (2012)

Tanci Issa BALZAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 2012.

Attorney(s) appearing for the Case

Jerry Van Beard , Asst. Fed. Pub. Def., Dallas, TX, for Petitioner-Appellant.

Angie Lee Henson , Asst. U.S. Atty., Dallas, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, CLEMENT and HAYNES, Circuit Judges.

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 petitioner Balzan could be extradited to Argentina to stand trial for fraud. Balzan...

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