Legal Opinion
United States v. Benitez-Villafuerte
Court of Appeals for the Fifth Circuit
Decided August 24, 1999No. 98-10730PublishedCited by 90 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
On July 2, 1997, Gabriel Benitez-Villaf-uerte (“Benitez”) was deported from the United States under the expedited removal procedure set forth in 8 U.S.C. § 1228. Soon thereafter, he illegally reentered. This appeal arises out of the government’s criminal prosecution of Benitez under 8 U.S.C. § 1326(a) and (b)(2) for that illegal reentry. In this prosecution, the government has the burden to prove that Benitez had been previously deported. During the prosecution of this case, Benitez collaterally attacked the constitutionality of the previous § 1228 proceeding…
2Cases cited34 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Tumey v. OhioSupreme Court of the United States · 1927
- Withrow v. LarkinSupreme Court of the United States · 1975
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
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3Cited by90 opinions
- Yi Wu Zhang v. GonzalesCourt of Appeals for the Fifth Circuit · 2005
- United States v. Joel Lopez-OrtizCourt of Appeals for the Fifth Circuit · 2002
- United States v. Aurelio Garcia-MartinezCourt of Appeals for the Ninth Circuit · 2000
- United States v. Lopez-VasquezCourt of Appeals for the Fifth Circuit · 2000
- United States v. Miseal Roque-EspinozaCourt of Appeals for the Seventh Circuit · 2003
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