Legal Opinion
United States v. Encarnacion
Court of Appeals for the First Circuit
Decided February 15, 2001No. 00-1450PublishedCited by 29 opinions
1Opinion of the Court
STAHL, Circuit Judge.
Ernesto Jose Encarnación appeals a district court order denying his motion under Fed.R.Crim.P. 5(a) to dismiss his indictment for the government’s alleged failure to bring him before a magistrate judge “without unnecessary delay.” He also appeals his sentence, claiming that the district court should have departed from the Sentencing Guidelines based on the facts of his case. We affirm.
I. Background
On January 24, 1999, Encarnación, a citizen of the Dominican Republic and a convicted felon previously removed from the United States for narcoties-related offenses, attempted…
2Cases cited16 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- County of Riverside v. McLaughlinSupreme Court of the United States · 1991
- United States v. Arthur MorrisonCourt of Appeals for the Second Circuit · 1998
- Raul Gonzales v. The City of PeoriaCourt of Appeals for the Ninth Circuit · 1983
- Stephen Wayne Anderson v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 2000
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3Cited by29 opinions
- United States v. Mangual-SantiagoCourt of Appeals for the First Circuit · 2009
- Marco Antonio Carrasca Fidel Figueroa Abimael Figueroa Rigoberto Vales Barreras v. Edward Pomeroy and Steve Losey, in Their Individual CapacitiesCourt of Appeals for the Third Circuit · 2002
- United States v. Norma Burgos-AndjarCourt of Appeals for the First Circuit · 2001
- United States v. Ayala AyalaCourt of Appeals for the First Circuit · 2002
- United States v. Sevilla-OyolaCourt of Appeals for the First Circuit · 2014
24 more not listed; retrieve them via the Exa API.