Legal Opinion
United States v. Gilberto Caldera-Herrera
Court of Appeals for the Fifth Circuit
Decided April 17, 1991No. 90-8463PublishedCited by 21 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
2Per curiam
The defendant, Gilberto Caldera-Herrera (Caldera), asserts in his petition for rehearing that we have misconstrued the statutes under which he was convicted. We conclude that our opinion and holding are in error. Accordingly, we withdraw the opinion and substitute the following:
Defendant Gilberto Caldera-Herrera (Caldera) appeals his conviction on four counts of unlawful departure from a designated customs facility in violation of 19 U.S.C. § 1459. We reverse.
I
Caldera was convicted following a jury trial. The evidence established that on four occasions in February…
3Cases cited5 opinions
- Administrator, Federal Aviation Administration v. RobertsonSupreme Court of the United States · 1975
- United States v. GaddisSupreme Court of the United States · 1976
- United States v. James Travis BuckleyCourt of Appeals for the Fifth Circuit · 1978
- United States v. Angela Faye Onick and Alvin TolliverCourt of Appeals for the Fifth Circuit · 1990
- The Paolina S.District Court, S.D. New York · 1880
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