Legal Opinion
United States v. Gaitan
District Court, D. Colorado
Decided October 28, 1960No. Civ. A. No. 6893PublishedCited by 4 opinions
1Opinion of the Court
ARRAJ, Chief Judge.
This matter is before the Court on defendants’ motion to vacate, set aside or correct the sentence under 28 U.S.C. § 2255. The matter was heard by the Court on October 28, 1960, on the undisputed facts presented below.
Defendants were charged with and convicted of narcotics law violations of possessing and concealing marihuana and conspiring to transfer marihuana. Members of the police force of the City and County of Denver had obtained evidence supporting conviction by an illegal search of the Gaitans’ apartment. Prior to trial a motion to suppress this evidence was denied…
2Cases cited13 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Elkins v. United StatesSupreme Court of the United States · 1960
- Rios v. United StatesSupreme Court of the United States · 1960
- Howell v. United StatesCourt of Appeals for the Fourth Circuit · 1949
- United States v. WalkerCourt of Appeals for the Second Circuit · 1952
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3Cited by4 opinions
- Joseph Aguilar Gaitan and Dolores Marie Gaitan v. United StatesCourt of Appeals for the Tenth Circuit · 1961
- Reddick v. StateDistrict Court of Appeal of Florida · 1966
- LaClair v. United StatesDistrict Court, N.D. Indiana · 1965
- Eby v. United StatesDistrict Court, N.D. Oklahoma · 1968