Legal Opinion

United States v. Damian Pena Benavides

Court of Appeals for the Fifth Circuit

Decided June 4, 1979No. 78-5464, 78-5466PublishedCited by 64 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Damian Pena Benavides challenges his convictions for possession with intent to distribute marijuana, a violation of 21 U.S.C. § 841(a)(1), and willfully failing to appear before the district court for trial, in violation of 18 U.S.C. § 3150. Except for the selection of the jury, the trial for possession with intent to distribute marijuana was held in the absence of Benavides and his wife, who was the co-defendant. Both defendants pleaded guilty of failing to appear as part of a plea bargain with the United States Attorney; in this court, Be-navides challenges…

2Cases cited12 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Taylor v. United StatesSupreme Court of the United States · 1973
  3. United States v. John Tortora, United States of America v. Samuel SantoroCourt of Appeals for the Second Circuit · 1972
  4. United States v. PetersonCourt of Appeals for the Fourth Circuit · 1975
  5. Willis Smith and Resolute Insurance Company of Hartford, Connecticut v. United StatesCourt of Appeals for the Fifth Circuit · 1966

7 more not listed; retrieve them via the Exa API.

3Cited by64 opinions

  1. Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Eleventh Circuit · 1982
  2. United States v. William Willis, A/K/A William Benton Ziegler, Omar Ashad Mahdi, DefendantsCourt of Appeals for the Eleventh Circuit · 1985
  3. United States v. Charles LochanCourt of Appeals for the First Circuit · 1982
  4. United States v. Ramon SanchezCourt of Appeals for the Second Circuit · 1986
  5. Miller v. StateCourt of Criminal Appeals of Texas · 1985

59 more not listed; retrieve them via the Exa API.

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