Legal Opinion

United States v. Pablo Fernandez-Antonia, AKA "Pablo Fernandez"

Court of Appeals for the Second Circuit

Decided January 29, 2002No. Docket 01-1030PublishedCited by 99 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

Defendant-appellant Pablo Fernandez-Antonia (Fernandez-Antonia) appeals from a judgment of the United States District Court for the Southern District of New York, Buchwald, /., convicting him, after a guilty plea, of violating 8 U.S.C. § 1326 by unlawfully entering the United States after having been removed. 1 In the district court, Fernandez-Antonia moved to withdraw his guilty plea and dismiss the indictment. He argued that he was prejudiced by the fundamental unfairness of his removal proceeding and thus his removal properly could not form an element of the criminal…

2Cases cited39 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Taylor v. United StatesSupreme Court of the United States · 1990
  3. Morton v. RuizSupreme Court of the United States · 1974
  4. Shaughnessy v. United States Ex Rel. MezeiSupreme Court of the United States · 1953
  5. Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984

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3Cited by99 opinions

  1. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  2. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  3. United States v. Richard Copeland, Also Known as Jamal OwenCourt of Appeals for the Second Circuit · 2004
  4. United States v. Jeffrey Szur, Elaine Szur, Cary Weinstein, Vadim Kaplun, David M. Gold, Ronald D. Gray, Bertram SlutskyCourt of Appeals for the Second Circuit · 2002
  5. United States v. Coperquin Gonzalez-Roque, Also Known as Manuel LedesmaCourt of Appeals for the Second Circuit · 2002

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