Legal Opinion

United States v. Zuniga

District Court, E.D. Virginia

Decided May 10, 2019No. Criminal No. 3:18-cr-155PublishedCited by 1 opinion

1Opinion of the Court

Robert E. Payne, Senior United States District Judge

This matter is before the Court on DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (the "Motion") (ECF No. 13), which for the following reasons, will be denied.

BACKGROUND

I. Procedural Context

Erlin Torres Zuniga ("Torres")1 was charged in a one-count indictment with illegal reentry pursuant to 8 U.S.C. § 1326(a). ECF No. 1. On February 22, 2019, Torres filed the Motion. ECF No. 13. The parties briefed the Motion,2 and, on April 9 and 10, 2019, the Court received evidence and heard oral argument on it. The Motion is now ripe for decision.

II.…

2Cases cited22 opinions

  1. Pereira v. SessionsSupreme Court of the United States · 2018
  2. United States v. Mendoza-LopezSupreme Court of the United States · 1987
  3. Union Pacific R. Co. v. Locomotive Engineers and Trainmen Gen. Comm. of Adjustment, Central RegionSupreme Court of the United States · 2009
  4. Serah Karingithi v. Matthew WhitakerCourt of Appeals for the Ninth Circuit · 2019
  5. BERMUDEZ-COTABoard of Immigration Appeals · 2018

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3Cited by1 opinion

  1. United States v. Lira-RamirezCourt of Appeals for the Tenth Circuit · 2020

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