Legal Opinion
United States v. Rafael Garcia-Valenzuela
Court of Appeals for the Ninth Circuit
Decided December 1, 2000No. 99-50175PublishedCited by 31 opinions
1Opinion of the Court
William A. FLETCHER, Circuit Judge:
The district court denied the government’s motion to dismiss several counts of the indictment against defendant. After the denial, defendant pled guilty to two of the counts the government had sought to dismiss. Defendant now appeals. We hold that defendant may challenge the denial of the government’s motion despite having entered a guilty plea. We further hold, on the merits, that denial of the government’s motion was an abuse of discretion. Accordingly, we vacate the judgment of the district court and remand with instructions.
I
Defendant Rafael…
2Cases cited19 opinions
- Tollett v. HendersonSupreme Court of the United States · 1973
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. ArmstrongSupreme Court of the United States · 1996
- United States v. BroceSupreme Court of the United States · 1989
- Menna v. New YorkSupreme Court of the United States · 1975
14 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re: United States of AmericaCourt of Appeals for the Seventh Circuit · 2003
- United States v. EhleCourt of Appeals for the Sixth Circuit · 2011
- United States v. Ruth WhitedCourt of Appeals for the Third Circuit · 2002
- In re Vasquez-RamirezCourt of Appeals for the Ninth Circuit · 2006
- In Re Marciano Ellis, Marciano Ellis v. United States District Court for the Western District of Washington (Tacoma), United States of America, Real Party in InterestCourt of Appeals for the Ninth Circuit · 2004
26 more not listed; retrieve them via the Exa API.