Legal Opinion
United States v. Elio Perez-Herrera, Luis Perez-Herrera and Domingo Perez-Barrio
Court of Appeals for the Fifth Circuit
Decided January 23, 1980No. 78-5775PublishedCited by 32 opinions
1Opinion of the Court
HENDERSON, Circuit Judge:
On March 28, 1978, the appellants were arrested aboard an American-registered ship, the Mey Lin, approximately seventy miles from the United States. They were subsequently convicted of attempting to import marijuana into the United States in violation of 21 U.S.C.A. § 963. 1
The appellants contend that they committed no crime, since the indictment did not allege, and the government did not prove, that any part of the attempt was made within the United States. There is no dispute over the relevant facts, the legality of the search of the Mey Lin, or the district court’s…
2Cases cited29 opinions
- Ford v. United StatesSupreme Court of the United States · 1926
- Blackmer v. United StatesSupreme Court of the United States · 1932
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Strassheim v. DailySupreme Court of the United States · 1911
- United States v. BowmanSupreme Court of the United States · 1922
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3Cited by32 opinions
- United States v. VillanuevaCourt of Appeals for the Fifth Circuit · 2005
- United States v. Jay Hilery DeweeseCourt of Appeals for the Fifth Circuit · 1980
- United States v. FrankCourt of Appeals for the Eleventh Circuit · 2010
- United States v. Asnaldo Sanchez, A/K/A Hernando, Jesus GonzalezCourt of Appeals for the Eleventh Circuit · 1984
- In the Matter of a Grand Jury Subpoena Directed to Marc Rich & Co., A.G. Marc Rich & Co., A.G., a Swiss Corporation v. United StatesCourt of Appeals for the Second Circuit · 1983
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