Legal Opinion

United States v. Heriberto Fernandez Monsisvais

Court of Appeals for the Tenth Circuit

Decided October 3, 1991No. 90-2254PublishedCited by 98 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

Defendant Heriberto Fernandez Monsis-vais entered a conditional guilty plea to a charge of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). He reserved the right to appeal the denial of his motion to suppress the introduction into evidence of the marijuana he was accused of possessing. On that appeal, another panel of this court reversed the district court’s determination that the marijuana was admissible. See United States v. Monsisvais, 907 F.2d 987 (10th Cir.1990) [hereinafter Monsisvais /]. A majority of the prior panel held that…

2Cases cited18 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Arizona v. CaliforniaSupreme Court of the United States · 1983
  3. Messenger v. AndersonSupreme Court of the United States · 1912
  4. White v. MurthaCourt of Appeals for the Fifth Circuit · 1967
  5. United States v. Hector Rivera-Martinez, A/K/A El MenCourt of Appeals for the First Circuit · 1991

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3Cited by98 opinions

  1. Brokers' Choice of America, Inc. v. NBC Universal, Inc.Court of Appeals for the Tenth Circuit · 2017
  2. Rimbert v. Eli Lilly and Co.Court of Appeals for the Tenth Circuit · 2011
  3. Rose WILDER, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1998
  4. Prairie Band Potawatomi Nation v. WagnonCourt of Appeals for the Tenth Circuit · 2007
  5. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014

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