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· 6/30/1988

United States v. John Carlos Massuet, United States of America v. Carlos Efrain Trujillo

Citations

  • 851 F.2d 111
  • 26 Fed. R. Serv. 145
  • 1988 U.S. App. LEXIS 8830
  • 1988 WL 66320

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing, in the context of a case where defendants were arrested after aircraft landed in United States, that “21 U.S.C. § 841(a)(1) is virtually identical to section 959(b)(2).... Section 841(a)(1
  • noting \that the proper procedure for dealing with the problem of the erroneously cited statute would be to remand the case for resentencing under the proper statute\
  • observing, in the context of a case where defendants were 4 arrested after aircraft landed in United States, that “21 U.S.C. § 5 841(a)(1) is virtually identical to section 959(b)(2) . . . . Section 6 841(a)(1
  • \‘[T]he law at present regards citations to statutes or regulations as not a part of the indictment. A conviction may be sustained on the basis of a statute or regulation other than that cited.’\ (quoting Fed. R. Crim. P. 7(c)(3) advisory committee’s note)

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Butzner, Gordon, Middle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.