Legal Opinion
United States v. Miguel Rosa-Ortiz
Court of Appeals for the First Circuit
Decided October 28, 2003No. 02-2362PublishedCited by 26 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
Miguel Rosa-Ortiz pleaded guilty in federal court to conspiracy to violate the Federal Escape Act, 18 U.S.C. § 751(a), which criminalizes escape and attempted escape by persons who are in federal custody under specified conditions — including, as the statute pertains to this case, persons in custody “by virtue of an arrest on a charge of felony, or conviction of any offense.” But no court of appeals may uphold a plea of guilty to conduct that is not within the *35crime charged. On appeal, Rosa-Ortiz says that § 751(a) does not prohibit the conduct alleged in the indictment.…
2Cases cited25 opinions
- United States v. LanierSupreme Court of the United States · 1997
- Menna v. New YorkSupreme Court of the United States · 1975
- Bryan v. United StatesSupreme Court of the United States · 1998
- Dowling v. United StatesSupreme Court of the United States · 1985
- United States v. Montalvo-MurilloSupreme Court of the United States · 1990
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. CouncilmanCourt of Appeals for the First Circuit · 2005
- United States v. GeorgeCourt of Appeals for the First Circuit · 2012
- Pacific Insurance Company, Limited, Appellant/cross-Appellee v. Eaton Vance Management, Appellee/cross-AppellantCourt of Appeals for the First Circuit · 2004
- United States v. Richard ScruggsCourt of Appeals for the Fifth Circuit · 2013
- United States v. CarterCourt of Appeals for the First Circuit · 2014
21 more not listed; retrieve them via the Exa API.