Legal Opinion

United States v. Jose Ivan Duarte-Acero

Court of Appeals for the Eleventh Circuit

Decided July 12, 2002No. 01-13457PublishedCited by 32 opinions

1Opinion of the Court

COX, Circuit Judge:

Jose Ivan Duarte-Acero, a Colombian citizen, was indicted in 1982 for conspiring to murder two Drug Enforcement Administration (“DEA”) agents engaged in the performance of their official duties and for related offenses. In 1997, Duarte was finally apprehended in Ecuador and brought to the Southern District of Florida for trial. He was tried, convicted, and sentenced to life. On appeal, he seeks both the dismissal of his indictment and the vacation of his sentence. Duarte asserts that his indictment should be dismissed because the circumstances of his arrest violated both…

2Cases cited25 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
  4. Whitney v. RobertsonSupreme Court of the United States · 1888
  5. Robert A. Buell v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2001

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3Cited by32 opinions

  1. Maharaj v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2005
  2. Sorto v. StateCourt of Criminal Appeals of Texas · 2005
  3. Jean Neckson Cadet v. John M. BulgerCourt of Appeals for the Eleventh Circuit · 2004
  4. State of Tennessee v. Richard Odom, a/k/a Otis SmithTennessee Supreme Court · 2004
  5. Commonwealth v. JudgeSupreme Court of Pennsylvania · 2007

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