Legal Opinion

United States v. Bernardino Ruesga-Martinez

Court of Appeals for the Ninth Circuit

Decided June 2, 1976No. 75-3660PublishedCited by 86 opinions

1Opinion of the Court

OPINION

Before ELY and TRASK, Circuit Judges, and VAN PELT, * District Judge. ELY, Circuit Judge:

Ruesga-Martinez appeals his conviction on a two-count felony indictment charging him with unlawful entry and reentry into the United States in violation of 8 U.S.C. §§ 1325 and 1326. We reverse.

On August 13, 1975, the appellant was arraigned before a magistrate on a complaint charging him with unlawful entry in violation of 8 U.S.C. § 1325. Section 1325 provides that first offenders are guilty of a misdemeanor, punishable by imprisonment of not more than six months, or by a fine of not more than…

2Cases cited8 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Blackledge v. PerrySupreme Court of the United States · 1974
  4. United States v. Clayborne Jamison, Jr., United States of America v. Clayborne Jamison, Sr.Court of Appeals for the D.C. Circuit · 1974
  5. United States v. Daniel Gerard, United States of America v. Harold Eugene GoldsteinCourt of Appeals for the Ninth Circuit · 1974

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3Cited by86 opinions

  1. Bordenkircher v. HayesSupreme Court of the United States · 1978
  2. John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1988
  3. Bobby Hardwick v. Ollie Doolittle, Jailer and William Anderson, SheriffCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Tallice Andrews and Thurston BrooksCourt of Appeals for the Sixth Circuit · 1980
  5. United States v. James Douglas GriffinCourt of Appeals for the Ninth Circuit · 1980

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