Legal Opinion
United States v. Herbert Steve Benefield
Court of Appeals for the Eleventh Circuit
Decided June 8, 1989No. 88-8211PublishedCited by 33 opinions
1Opinion of the Court
MARCUS, District Judge:
Defendant Herbert Steven Benefield appeals from the district court’s denial of his amended motion to dismiss Count I of the Indictment and its failure to conduct a pretrial evidentiary hearing on his nonfrivo-lous double jeopardy claim. On this record, we hold that the district court erred in refusing the request for a hearing and we remand for that purpose.
I. Facts
a. Galveston Indictment
On November 6,1986, the defendant was indicted in the United States District Court for the Southern District of Texas, Galveston Division, for conspiracy to possess marijuana with…
2Cases cited13 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. BroceSupreme Court of the United States · 1989
- Murray Stein v. Reynolds Securities, Inc.Court of Appeals for the Eleventh Circuit · 1982
- United States v. Jack Moody Stricklin, Jr.Court of Appeals for the Fifth Circuit · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- United States v. Juan Baptista-Rodriguez, Ramon Calvo, and Julio R. DiazCourt of Appeals for the Eleventh Circuit · 1994
- United States v. Lester Dortch, A/K/A "Lightning," Wilhelm Suess, A/K/A "Wild Bill," and Floyd DortchCourt of Appeals for the Seventh Circuit · 1993
- United States v. BennettCourt of Appeals for the Eighth Circuit · 1995
- United States v. Hiram Stanley Sasser, IICourt of Appeals for the Tenth Circuit · 1992
- United States v. Thomas James Hively, Also Known as T.J. Hively, United States of America v. Wesley John KetzCourt of Appeals for the Eighth Circuit · 2006
28 more not listed; retrieve them via the Exa API.