United States v. Javier Dario Gomez
Court of Appeals for the Eighth Circuit
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
- Hernandez v. New YorkSupreme Court of the United States · 1991
- United States v. MarionSupreme Court of the United States · 1971
- United States v. HabigSupreme Court of the United States · 1968
- United States v. Victor Manuel Meraz-ValetaCourt of Appeals for the Tenth Circuit · 1994
- United States v. Juan Ramon Canals-JimenezCourt of Appeals for the Eleventh Circuit · 1991
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3Cited by53 opinions
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- United States v. Santos Hernan Rivera-VenturaCourt of Appeals for the Second Circuit · 1995
- United States v. Santana-CastellanoCourt of Appeals for the Fifth Circuit · 1996
- United States v. Fernando Diaz-Diaz, United States of America v. Fernando Diaz-DiazCourt of Appeals for the Eighth Circuit · 1998
- United States v. Arturo HernandezCourt of Appeals for the Ninth Circuit · 1999
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