Legal Opinion

United States v. Marlin Anthony Clarke, A.K.A. Brandon Knowles, A.K.A. Brent Smith

Court of Appeals for the Eleventh Circuit

Decided November 22, 2002No. 02-13405PublishedCited by 26 opinions

Non-Argument Calendar.

1Per curiam

Following his guilty plea, Marlin Anthony Clarke was convicted of one count of illegally reentering the United States after being deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). Clarke appeals the district court’s denial of his motion to dismiss his indictment, arguing that he was untimely prosecuted in violation of the five-year limitations period in 18 U.S.C. § 3282. After review, we conclude that Clarke was “found in” the United States, within the meaning of 8 U.S.C. § 1326(a)(2), when the Immigration and Naturalization Service (“INS”) officials, rather than state officials,…

2Cases cited15 opinions

  1. Toussie v. United StatesSupreme Court of the United States · 1970
  2. United States v. Adrian Pielago, Maria VaronaCourt of Appeals for the Eleventh Circuit · 1998
  3. United States v. Santana-CastellanoCourt of Appeals for the Fifth Circuit · 1996
  4. United States v. Juan Ramon Canals-JimenezCourt of Appeals for the Eleventh Circuit · 1991
  5. United States v. Disantillo, Michele RomeoCourt of Appeals for the Third Circuit · 1980

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3Cited by26 opinions

  1. United States v. McNairCourt of Appeals for the Eleventh Circuit · 2010
  2. United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
  3. Tello v. Dean Witter Reynolds, Inc.Court of Appeals for the Eleventh Circuit · 2005
  4. Center for Biological Diversity v. Sam HamiltonCourt of Appeals for the Eleventh Circuit · 2006
  5. United States v. GordonCourt of Appeals for the Seventh Circuit · 2008

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

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