Legal Opinion
United States v. Nebraska Beef, Ltd.
District Court, D. Nebraska
Decided April 8, 2002No. 4:00CR355PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
KOPF, Chief Judge.
This disturbing case presents an important question. When the government removed hundreds of illegal aliens from this country before their testimony could be preserved, did the government act in bad faith and deny the defendants material and favorable evidence? On April 5, 2002, concluding that the answer was “yes,” I announced that I would dismiss the indictment as to certain of the defendants.
While a “very close question,” Magistrate Judge Jaudzemis recommended that I deny six defendants’ 1 motions to dismiss due to loss of testimonial evidence. (Filing…
2Cases cited9 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
- United States v. Richard Scott McLernon Kido Yaqui, Sherri Louise Farrell, Miguel Angel Carranza, and Marco Antonio Valdez-CotaCourt of Appeals for the Sixth Circuit · 1984
- United States v. Juan Chaparro-Alcantara and Jaime Romero-BautistaCourt of Appeals for the Seventh Circuit · 2000
- United States v. Alan James DringCourt of Appeals for the Ninth Circuit · 1991
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3Cited by2 opinions
- United States v. HernandezDistrict Court, S.D. Texas · 2004
- United States v. Ramirez-CubillasDistrict Court, D. Nebraska · 2002