Legal Opinion
United States v. Luis Mario Herrera
Court of Appeals for the Fourth Circuit
Decided April 20, 1994No. 92-6381PublishedCited by 61 opinions
1Opinion of the Court
OPINION
DONALD RUSSELL, Circuit Judge:
Defendant Luis Mario Herrera appeals the district court’s dismissal of his motion under 28 U.S.C. § 2255 to vacate his sentence. He contends that he is entitled to such relief because an instruction that he asked the district court to give to the jury was erroneous. We find that any error in this jury instruction was explicitly invited by Herrera and, under the invited error doctrine, we affirm.
I
The government indicted Herrera in February, 1986, and charged him with, among other offenses, engaging in a “continuing criminal enterprise,” in violation of 21…
2Cases cited9 opinions
- United States v. Richard P. Console, United States of America v. Morton Markoff, D.O., United States of America v. Edward C. CurcioCourt of Appeals for the Third Circuit · 1993
- Shields v. United StatesSupreme Court of the United States · 1927
- United States v. Angelo Amen, Mark A. Deleonardis, Michael Paradiso and Oreste Abbamonte, Jr.Court of Appeals for the Second Circuit · 1987
- United States v. Tito Juan Pino-PerezCourt of Appeals for the Seventh Circuit · 1989
- United States v. Thomas AmbroseCourt of Appeals for the Seventh Circuit · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- United States v. Daniel MathisCourt of Appeals for the Fourth Circuit · 2019
- Alvin Parker v. Ron ChampionCourt of Appeals for the Tenth Circuit · 1998
- United States v. David RunyonCourt of Appeals for the Fourth Circuit · 2013
- United States v. Arnold JacksonCourt of Appeals for the Fourth Circuit · 1997
- United States v. Steven RobinsonCourt of Appeals for the Fourth Circuit · 2014
56 more not listed; retrieve them via the Exa API.