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Legal Opinion

United States v. De Viteri

District Court, E.D. New York

Decided June 28, 1972No. 72-CR-457PublishedCited by 12 opinions

1Opinion of the Court

ZAVATT, Senior District Judge.

The co-defendant Mariano Guerrero (Guerrero) has been indicted and charged with a substantive count of illegal importation of cocaine (Count One) and a conspiracy count to possess cocaine with intent to distribute the same (Count Two). The conspiracy count does not allege any overt acts in furtherance of the conspiracy by either Guerrero or his alleged co-conspirator, the co-defendant De Viteri.

Guerrero has moved to dismiss the indictment on several grounds:

1. it fails to allege facts constituting a crime against the United States;

2. it fails to allege facts over…

2Cases cited9 opinions

  1. Singer v. United StatesSupreme Court of the United States · 1945
  2. United States v. Joseph Armone, Stephen Grammauta, Vincent Pacelli, and Nicholas ViscardiCourt of Appeals for the Second Circuit · 1966
  3. Enrique Reyes Leyvas v. United StatesCourt of Appeals for the Ninth Circuit · 1967
  4. United States v. William ClaytonCourt of Appeals for the First Circuit · 1971
  5. James Ewing v. United StatesCourt of Appeals for the Ninth Circuit · 1967

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3Cited by12 opinions

  1. United States v. Carmine TramuntiCourt of Appeals for the Second Circuit · 1975
  2. United States v. Eduardo BermudezCourt of Appeals for the Second Circuit · 1975
  3. People v. CrowsonCalifornia Supreme Court · 1983
  4. Bolivar Irizarry v. United StatesCourt of Appeals for the Second Circuit · 1975
  5. United States v. Noble C. BeasleyCourt of Appeals for the Fifth Circuit · 1975

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

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