Legal Opinion

United States v. Eligio Fermin Rivero

Court of Appeals for the Fifth Circuit

Decided May 28, 1976No. 75-1577PublishedCited by 43 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Rivero’s appeal from his conviction of attempting to distribute approximately 11 kilos — nearly 22 pounds — of cocaine 1 (Count I) and the dependent but distinguishable crime of unlawfully carrying a firearm during the commission of a federal felony (Count II) 2 turns to a great extent on the admissibility of evidence of a relatively miniscule 2 grams of cocaine, one of the precise crimes charged in an earlier indictment which was dismissed with prejudice 3 by the Government prior to the return of the indictment in the case now before us.

Rivero attacks these…

2Cases cited28 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Serfass v. United StatesSupreme Court of the United States · 1975
  4. Sealfon v. United StatesSupreme Court of the United States · 1948
  5. United States v. CoxCourt of Appeals for the Fifth Circuit · 1965

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

3Cited by43 opinions

  1. United States v. Jack Moody Stricklin, Jr.Court of Appeals for the Fifth Circuit · 1979
  2. United States v. KopitukCourt of Appeals for the Eleventh Circuit · 1982
  3. United States v. Jay Lewis Dworken, A/K/A Jason Lewis, Jay Lewis, United States of America v. William S. Gay, United States of America v. Steve RogoveCourt of Appeals for the First Circuit · 1988
  4. United States v. Lam Kwong-Wah, United States of America v. Lam Kwong-Wah, United States of America v. Lam Kwong-WahCourt of Appeals for the D.C. Circuit · 1991
  5. United States v. Ivan Melchor Moreno and Rigoberto Melchor MorenoCourt of Appeals for the Fifth Circuit · 1976

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

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