UK courts have accepted that disproportionately severe US sentences can engage Article 3 ECHR, though the threshold remains high. US federal sentencing guidelines — while now advisory post-Booker — often produce sentences dramatically longer than UK equivalents, particularly for drug and fraud offences. Mandatory minimums in certain cases remove judicial discretion entirely. Your defence must present expert evidence on likely sentencing exposure, conditions in specific federal facilities, and comparison with UK sentencing for equivalent conduct. The High Court has blocked extradition where life sentences or extreme terms would be grossly disproportionate to UK norms.
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