Legal Opinion

United States v. Eustorgio Pena-Garcia

Court of Appeals for the Ninth Circuit

Decided October 30, 1974No. 74-1595PublishedCited by 27 opinions

1Opinion of the Court

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Having been convicted on four counts of transporting illegally admitted aliens [8 U.S.C. § 1324(a)], defendant on this appeal argues two points: (a) the trial court erred in failing to suppress evidence taken in a roving checkpoint search 55 to 60 miles north of the Mexican border, and (b) the defendant was denied a fair trial and the effective assistance of counsel because of conduct of the trial judge. While we conclude that we must reverse and direct a new trial on appellant’s second point, we direct that the mandate be stayed pending decision by the…

2Cases cited15 opinions

  1. United States v. David T. DellingerCourt of Appeals for the Seventh Circuit · 1973
  2. R. J. Reynolds Tobacco Co. v. United StatesSupreme Court of the United States · 1973
  3. United States v. Birdie Louise Joshua Harris, United States of America v. Billy Charles HarrisCourt of Appeals for the Ninth Circuit · 1974
  4. United States v. James Louis NazzaroCourt of Appeals for the Second Circuit · 1973
  5. United States v. Anthony Nicholas Carrion, United States of America v. Michael Anthony CarrionCourt of Appeals for the Ninth Circuit · 1972

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3Cited by27 opinions

  1. United States v. Richard Clinton AllsupCourt of Appeals for the Ninth Circuit · 1977
  2. United States v. Carlos Manuel Parodi, United States of America v. Edwin Barton Conway, United States of America v. Robert Lee LawsCourt of Appeals for the Fourth Circuit · 1983
  3. United States v. McDonaldCourt of Appeals for the Ninth Circuit · 1978
  4. United States v. George MostellaCourt of Appeals for the Ninth Circuit · 1986
  5. UNITED STATES of America, Plaintiff-Appellee, v. Eural WILLS, II, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996

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

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