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Legal Opinion

United States v. Cabrera-Teran

Court of Appeals for the Fifth Circuit

Decided February 15, 1999No. 97-41532PublishedCited by 58 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Joel Cabrera-Teran (“Cabrera”) appeals his conviction of and sentence for illegal reentry into the United States. He contends that the indictment fails to charge an offense and that the district court was not presented with a sufficient factual basis to sentence him on the guilty plea. Finding the indictment defective, we vacate and remand. 1

I

A native of Mexico, Cabrera was deported on January 10, 1996. In August 1996, he allegedly re-entered the country, then was arrested in connection with a shoplifting violation in March 1997. A Border Patrol officer promptly…

2Cases cited28 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. United States v. AsiborCourt of Appeals for the Fifth Circuit · 1997
  3. United States v. GaytanCourt of Appeals for the Fifth Circuit · 1996
  4. United States v. James C. GordonCourt of Appeals for the Fifth Circuit · 1986
  5. United States v. Barbara ChaneyCourt of Appeals for the Fifth Circuit · 1992

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

3Cited by58 opinions

  1. United States v. Richard HicksCourt of Appeals for the Fifth Circuit · 2004
  2. United States v. BishopCourt of Appeals for the Fifth Circuit · 2001
  3. United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
  4. United States v. DavisCourt of Appeals for the Fifth Circuit · 2000
  5. United States v. LankfordCourt of Appeals for the Fifth Circuit · 1999

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

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