Legal Opinion
United States v. Diaz-Martinez
District Court, E.D. Virginia
Decided May 1, 2019No. Criminal No. 3:18-cr-97PublishedCited by 3 opinions
1Opinion of the Court
Robert E. Payne, Senior United States District Judge
This matter is before the Court on the Defendant's MOTION TO DISMISS INDICTMENT (the "Motion") (ECF No. 18). For the reasons set forth below, the Motion will be denied.
BACKGROUND
I. Procedural Context
Trinidad Diaz-Martinez ("Diaz-Martinez") was charged in a one-count indictment with illegal reentry pursuant to 8 U.S.C. § 1326(a). ECF No. 3. On October 24, 2018, Diaz-Martinez filed his Motion (ECF No. 18). The parties briefed the Motion, and, on November 27, 2018, the Court received evidence and heard oral argument on it. See Nov. 27 Hr'g Tr.…
2Cases cited48 opinions
- Parke v. RaleySupreme Court of the United States · 1993
- Pereira v. SessionsSupreme Court of the United States · 2018
- United States v. Mendoza-LopezSupreme Court of the United States · 1987
- Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central RegionSupreme Court of the United States · 2009
- Rosenthal v. WalkerSupreme Court of the United States · 1884
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3Cited by3 opinions
- United States v. Juan CortezCourt of Appeals for the Fourth Circuit · 2019
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- United States v. Pineda-GarciaDistrict Court, E.D. Virginia · 2019