Legal Opinion

United States v. Javier Dario Gomez

Court of Appeals for the Eighth Circuit

Decided November 29, 1994No. 94-1228PublishedCited by 53 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Javier Dario Gomez appeals the district court’s 1 denial of his motion to dismiss an indictment under 8 U.S.C. § 1326(b)(2), arguing that the district court erred in denying his motion because the five-year statute of limitations had expired before the indictment was obtained. Because we disagree with Gomez’s interpretation of “found in” as used in § 1326(a)(2), we affirm.

I. BACKGROUND

Gomez illegally entered the United States in 1979. In 1984, Gomez (under the name Rodrigo Rojas Gomez) was sentenced by a Texas state court to five years imprisonment for delivering a…

2Cases cited17 opinions

  1. Hernandez v. New YorkSupreme Court of the United States · 1991
  2. United States v. MarionSupreme Court of the United States · 1971
  3. United States v. HabigSupreme Court of the United States · 1968
  4. United States v. Victor Manuel Meraz-ValetaCourt of Appeals for the Tenth Circuit · 1994
  5. United States v. Juan Ramon Canals-JimenezCourt of Appeals for the Eleventh Circuit · 1991

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

3Cited by53 opinions

  1. United States v. Delfino De Leon-RamirezCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. Santos Hernan Rivera-VenturaCourt of Appeals for the Second Circuit · 1995
  3. United States v. Santana-CastellanoCourt of Appeals for the Fifth Circuit · 1996
  4. United States v. Fernando Diaz-Diaz, United States of America v. Fernando Diaz-DiazCourt of Appeals for the Eighth Circuit · 1998
  5. United States v. Arturo HernandezCourt of Appeals for the Ninth Circuit · 1999

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API