Legal Opinion
United States v. Montilla-Rivera
Court of Appeals for the First Circuit
Decided June 19, 1997No. 96-1773PublishedCited by 85 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Three men have gone to prison as a result of the distribution of two kilograms of cocaine within one thousand feet of a school in Carolina, Puerto Rico. Two of the men are guilty, having pled so. The third, Fernando Montilla-Rivera (“Montilla”), asserts that he is innocent. He trusted his fate to a jury, and he was convicted of aiding and abetting the crime, in violation of 21 U.S.C. §§ 841(a)(1) and 860(a), and 18 U.S.C. § 2. On appeal, Montilla argues that the government’s evidence showed no more than that he was present during the sale, and that this “mere presence” is…
2Cases cited38 opinions
- Estelle v. SmithSupreme Court of the United States · 1981
- Remmer v. United StatesSupreme Court of the United States · 1954
- United States v. Johnny Rafael Batista-PolancoCourt of Appeals for the First Circuit · 1991
- United States v. Servando Reyes-Alvarado, United States of America v. Martin Gonzalez-RamirezCourt of Appeals for the Ninth Circuit · 1992
- United States v. DaleCourt of Appeals for the D.C. Circuit · 1993
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3Cited by85 opinions
- State v. BrightSupreme Court of Louisiana · 2000
- United States v. Dennis R. Josleyn, United States of America v. John W. Billmyer, United States of America v. Dennis R. Josleyn and John W. BillmyerCourt of Appeals for the First Circuit · 2000
- United States v. Thomas P. JasinCourt of Appeals for the Third Circuit · 2002
- LiButti v. United StatesCourt of Appeals for the Second Circuit · 1999
- United States v. Manuel Gonzalez-GonzalezCourt of Appeals for the First Circuit · 2001
80 more not listed; retrieve them via the Exa API.