Legal Opinion

United States v. Oscar Meza-Soria

Court of Appeals for the Ninth Circuit

Decided June 4, 1991No. 90-10417PublishedCited by 45 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

Oscar Meza-Soria (Meza-Soria) was indicted for violating 8 U.S.C. § 1326 by being an alien who reentered the country after having been deported. His first trial ended in a mistrial, which was granted over his opposition. When the government sought to retry him, he moved to dismiss on double jeopardy grounds. He asserted that the grant of the mistrial was based on the district court’s erroneous view of the law, and that, as a result, no further prosecution was permissible. The district court denied his motion and he appealed. We reverse.

BACKGROUND

Meza-Soria entered the…

2Cases cited29 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Abney v. United StatesSupreme Court of the United States · 1977
  5. Arizona v. WashingtonSupreme Court of the United States · 1978

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3Cited by45 opinions

  1. United States v. Gary A. NewmanCourt of Appeals for the Ninth Circuit · 1993
  2. United States v. Genaro Smith-BaltiherCourt of Appeals for the Ninth Circuit · 2005
  3. UNITED STATES of America, Plaintiff-Appellee, v. Pascual Ramon HERNANDEZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
  4. Mondaca-Vega v. HolderCourt of Appeals for the Ninth Circuit · 2015
  5. Ex Parte FierroCourt of Criminal Appeals of Texas · 2002

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