Legal Opinion

United States v. Roberto Martinez-Martinez

Court of Appeals for the Ninth Circuit

Decided May 13, 2004No. 03-50230PublishedCited by 76 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Senior Circuit Judge:

Appellant Roberto Martinez-Martinez (“Martinez”) appeals his conviction and 51-month sentence for attempted illegal reentry into the United States in violation of 8 U.S.C. § 1326. At trial, Martinez argued that he did not possess the specific intent required to convict under § 1326 for attempting to enter, because the combined effect of heroin, methamphetamine, and Rohypnol (commonly known as “ruffies”, or the “date rape drug”) rendered him “blacked out,” and therefore not in control of his conscious mind. On appeal, Martinez raises several…

2Cases cited22 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. Arizona v. YoungbloodSupreme Court of the United States · 1989
  4. Luce v. United StatesSupreme Court of the United States · 1984
  5. Harris v. RoderickCourt of Appeals for the Ninth Circuit · 1997

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

3Cited by76 opinions

  1. United States v. FernandezCourt of Appeals for the Ninth Circuit · 2004
  2. United States v. Kenneth OlsenCourt of Appeals for the Ninth Circuit · 2013
  3. United States v. Gamboa-CardenasCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. MitchellCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. Edward Rosenthal, United States of America v. Edward RosenthalCourt of Appeals for the Ninth Circuit · 2006

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

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