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Legal Opinion

United States v. Alberto Montez-Gaviria

Court of Appeals for the Second Circuit

Decided December 14, 1998No. Docket 97-1682PublishedCited by 45 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

Defendant-appellant Alberto Montez-Gavi-ria was convicted in the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) of illegally entering the country after having been deported. Before his federal conviction and after being sentenced to conditional discharge on an unrelated state crime, he was confined for eight months in a state jail — on an INS detainer — while awaiting transfer to federal custody. At his sentencing hearing, Montez-Gaviria argued that this uncredited period of incarceration (along with his agreement not to…

2Cases cited18 opinions

  1. United States v. Villamonte-MarquezSupreme Court of the United States · 1983
  2. United States v. Michael Piervinanzi, Daniel Tichio, John M. Bookhart, Jr.Court of Appeals for the Second Circuit · 1994
  3. United States v. ColonCourt of Appeals for the Second Circuit · 1989
  4. United States v. Jorge RestrepoCourt of Appeals for the Second Circuit · 1993
  5. United States v. Christopher MooreCourt of Appeals for the Second Circuit · 1995

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3Cited by45 opinions

  1. United States v. James L. TenzerCourt of Appeals for the Second Circuit · 2000
  2. United States v. Aris Maria, AKA Luis A. RiveraCourt of Appeals for the Second Circuit · 1999
  3. United States v. Carlos Galvez-Falconi, A/K/A Davis TarratCourt of Appeals for the Second Circuit · 1999
  4. United States v. Wilson Silvero Gil FerminCourt of Appeals for the Second Circuit · 2001
  5. United States v. Oswald ThorpeCourt of Appeals for the Second Circuit · 1999

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

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