Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Heriberto BAHENA-CARDENAS, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided November 20, 1995No. 94-50639PublishedCited by 39 opinions

1Opinion of the Court

TANNER, District Judge:

Heriberto Bahena-Cardenas appeals from the denial of his pretrial motion to dismiss a three count indictment 1 charging him with violations of 8 U.S.C. § 1326(b)(1) (being a deported alien found in the United States) and 18 U.S.C. § 911 (false claims as to United States citizenship). He renewed the motion as a motion for acquittal under Fed. R.Crim.P. 29 both at the end of the government’s case-in-chief and at the close of all the evidence. The motion was denied and Bahe-na-Cardenas also appeals from that denial. We have jurisdiction over this timely appeal.

FACTUAL AND…

2Cases cited7 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
  3. United States v. Oscar Ramos QuezadaCourt of Appeals for the Fifth Circuit · 1985
  4. United States v. Oscar Leonardo HernandezCourt of Appeals for the Tenth Circuit · 1982
  5. Pardo v. Olson & Sons, Inc.Court of Appeals for the Ninth Circuit · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. Natividad Duran, United States of America v. Martin Roman, United States of America v. Rodolfo Almaraz MoraCourt of Appeals for the Ninth Circuit · 1999
  2. United States v. Walter R. Tucker, IIICourt of Appeals for the Ninth Circuit · 1998
  3. United States v. Benjamin Corona-GarciaCourt of Appeals for the Ninth Circuit · 2000
  4. UNITED STATES of America, Plaintiff-Appellee, v. Shawn Dean CLAYTON, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  5. UNITED STATES of America, Plaintiff-Appellee, v. Pascual Ramon HERNANDEZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997

34 more not listed; retrieve them via the Exa API.

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