Legal Opinion

United States v. Valentine

Court of Appeals for the Fifth Circuit

Decided February 25, 2005No. 04-40557PublishedCited by 16 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Jerry Valentine appeals his conviction, under 18 U.S.C. § 922(n), of receiving a firearm that traveled in interstate commerce while he was under indictment for a felony. We conclude that a Texas state defendant who is on probation pursuant to a deferred adjudication of a felony charge remains, as a matter of law, under indictment. Based on that conclusion, and because there is no merit to Valentine’s other issues on appeal, we affirm.

I

On January 2, 2003, Detectives Paul Martinez and Chris Jones received an anonymous tip that there was drug-related activity at an…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Manuel v. StateCourt of Criminal Appeals of Texas · 1999
  3. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  4. United States v. SolisCourt of Appeals for the Fifth Circuit · 2002
  5. United States v. BishopCourt of Appeals for the Fifth Circuit · 2001

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

3Cited by16 opinions

  1. United States v. Eleuterio Lopez-Moreno, Also Known as Eleuterio LopezCourt of Appeals for the Fifth Circuit · 2005
  2. United States v. DuniganCourt of Appeals for the Fifth Circuit · 2009
  3. United States v. ArnoldCourt of Appeals for the Fifth Circuit · 2005
  4. United States v. BennettCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. Osvaldo Compian-TorresCourt of Appeals for the Fifth Circuit · 2013

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

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