· 12/19/1995
United States v. Santos Hernan Rivera-Ventura
Citations
- 72 F.3d 277
- 148 A.L.R. Fed. 805
- 1995 U.S. App. LEXIS 36118
- 1995 WL 753998
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a § 1326 violation is \ordinarily complete as soon as the entry or attempt is made\
- noting that a § 1326 violation is “ordinarily complete as soon as the entry or attempt is made”
- observing that “[t]he offense of being ‘found in’ the United States ... depends not only on the conduct of the alien but also on acts and knowledge of the federal authorities”
- offense is not complete until federal authorities locate alien in United States and have knowledge of the illegality of his presence
- “The limitations period will normally begin to run when a crime is ‘complete,’ thereby ‘encouraging law enforcement officials promptly to investigate suspected criminal activity.’” (citation omitted)
- the statute of limitations begins when “the authorities know, or with the exercise of diligence typical of law enforcement authorities, could have discovered the illegality of his presence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Walker, Calabresi
Read full opinion on CourtListenerSourced 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.