Whether an individual defendant has standing to assert a rule of specialty violation

QUESTIONS PRESENTED FOR REVIEW Under our extradition treaty with Poland, Agreement between the United States of America and the Republic of Poland on the Application of the Extradition Treaty, U.S.-Pol., July 10, 1996, T.I.A.S. No. 10-201.17, Amended June 9, 2006, Article 19, the “Rule of Specialty,” provides that an individual not be “detained, prosecuted, sentenced, or punished” by the requesting state for offenses not included in the extradition grant. The questions presented are: 1) Whether an individual defendant has standing to assert a rule of specialty violation. The United States courts of appeal have been in conflict for over forty-five years: three have answered no, six yes, and three have not resolved the issue. 2) Whether the rule of specialty only prohibits the requesting state from “charging” a defendant with crimes different from those for which he was extradited, as the district court found in this case, or whether it also prohibits sentencing and punishing a defendant, as the text of the treaty suggests.