Legal Opinion
United States v. Olivas-Perea
District Court, D. New Mexico
Decided October 31, 2017No. CR 16–4518 JBPublishedCited by 4 opinions
1Opinion of the Court
JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the Defendant's Motion to Dismiss Information for Violation of Statute of Limitations, filed June 2, 2017 (Doc. 33)("MTD"). The Court held an evidentiary hearing on July 17, 2017. The primary issue is whether Defendant Maximo Olivas-Perea, a Mexican citizen who was deported in 2005, was "found"-as that word is used in 8 U.S.C. § 1326 -in the United States of America when he was booked into the Santa Fe County Detention Center in Santa Fe, New Mexico on June 11, *11952011-approximately five-and-a-half years…
2Cases cited28 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. OlanoSupreme Court of the United States · 1993
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Patterson v. New YorkSupreme Court of the United States · 1977
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3Cited by4 opinions
- United States v. LealDistrict Court, D. New Mexico · 2018
- Francisco-Silvestre v. United StatesDistrict Court, D. New Mexico · 2020
- United States v. ClevelandDistrict Court, D. New Mexico · 2018
- United States v. DeleonDistrict Court, D. New Mexico · 2017