Legal Opinion

United States v. Martinez-Espinoza

Court of Appeals for the Fifth Circuit

Decided July 17, 2002No. 01-40653PublishedCited by 16 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Martin Martinez-Espinoza (“Espinoza”) appeals, on the basis of a violation of the Speedy Trial Act (“STA”), his conviction of attempted illegal reentry in violation of 8 U.S.C. § 1326. We reverse and remand.

I

On November 21, 2000, Espinoza approached the border at a bridge and presented immigration officials with a legal resident alien card (form 1-551) seeking entry. A check of his record revealed an earlier deportation after a conviction of aggravated assault with a deadly weapon. On November 22, the government filed a complaint charging Espinoza with…

2Cases cited25 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Russell v. United StatesSupreme Court of the United States · 1962
  3. Hagner v. United StatesSupreme Court of the United States · 1932
  4. United States v. TaylorSupreme Court of the United States · 1988
  5. United States v. Billy Mel AlfordCourt of Appeals for the Fifth Circuit · 1998

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3Cited by16 opinions

  1. United States v. Michael Shane Phipps and Dean Rayburn GilleyCourt of Appeals for the Fifth Circuit · 2003
  2. United States v. CooperCourt of Appeals for the Armed Forces · 2003
  3. United States v. Valenzuela-PuentesCourt of Appeals for the Tenth Circuit · 2007
  4. United States v. Mancia-PerezCourt of Appeals for the Fifth Circuit · 2003
  5. United States v. Eddie StephensCourt of Appeals for the Fifth Circuit · 2007

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

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