Legal Opinion
Jose Evaristo Reyes-Requena v. United States
Court of Appeals for the Fifth Circuit
Decided February 28, 2001No. 99-41254PublishedCited by 569 opinions
1Opinion of the Court
KING, Chief Judge:
Jose Evaristo Reyes-Requena appeals the dismissal of his 28 U.S.C. § 2241 petition. For the following reasons, we REVERSE and REMAND.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 1990, Jose Evaristo Reyes-Requena was convicted in the Southern District of Texas (“Southern District”) of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841, and use of a firearm during the commission of a drug-trafficking offense, in violation of 18 U.S.C. § 924(c)(1). His convictions were affirmed on direct appeal. See United States v. Reyes-Requena, 940 F.2d 655 (5th…
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