Legal Opinion

United States v. Marquez

District Court, D. Puerto Rico

Decided July 11, 1994No. Crim. No. 94-039 (JAF)PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

FUSTE, District Judge.

On January 17, 1994, FBI Agent Eliasib Ortiz, Jr., was the victim of an attempted robbery by a group of individuals, including defendants Jose Antonio Marquez and Elvin David Rodriguez. The United States brought charges against defendants under 18 U.S.C. § 111 for assaulting a federal employee while engaged in or on account of the performance of official duties. On motions to dismiss the indictment pursuant to Fed. R.Crim.P. 12(b)(1),1 defendants allege that their acts do not fall under the coverage of the statute because Agent Ortiz was not engaged in…

2Cases cited7 opinions

  1. United States v. FeolaSupreme Court of the United States · 1975
  2. United States v. Piero Heliczer, Jack William Martin, Iii, and Jack v. SmithCourt of Appeals for the Second Circuit · 1967
  3. United States v. Daniel Reid and Theodore E. Thomas, Jr.Court of Appeals for the Second Circuit · 1975
  4. United States v. Gaetano FrizziCourt of Appeals for the First Circuit · 1974
  5. United States v. Everett Henry Boone, Jr., A/K/A Everett Samuel SmithCourt of Appeals for the Sixth Circuit · 1984

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3Cited by2 opinions

  1. United States v. DrapeauCourt of Appeals for the Eighth Circuit · 2011
  2. United States v. DrapeauCourt of Appeals for the Eighth Circuit · 2011

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