News 09 Oct. 2015

NYLJ Publishes Article by Jacques Semmelman and Gabriel Hertzberg on Extradited Defendants and Sentencing Agreements

New York Law Journal

Partner Jacques Semmelman and counsel Gabriel Hertzberg wrote an article published in the Friday Oct. 9 edition of the New York Law Journal, “Extradited Defendant Denied Standing to Enforce Sentencing Agreement.”

The Outside Counsel column focuses on the recent ruling in United States v. Suarez, where the U.S. Court of Appeals for the Second Circuit held that a Colombian cocaine trafficker lacks “prudential standing” to invoke the doctrine of specialty to challenge a prison sentence he contends violates an agreement concerning his extradition from Colombia to the United States.

The authors analyze the doctrine of specialty under U.S. law and conclude that “the majority's application of the doctrine of prudential standing to deny the defendant the right to invoke the doctrine of specialty and enforce the diplomatic agreement is unprecedented and difficult to justify.”