CRIMINAL LAW & PROCEDURE
US v. Henry , No. 07-4578, 07-4587
Denial of defendants' motions to dismiss their indictment related to marijuana growing is reversed, and their convictions and sentences vacated and remanded where the continuance of trial for 103 days could not be excluded from defendant's speedy trial clock, which caused the total delay in defendant's case to exceed the seventy days allowed by the Speedy Trial Act.
Showing posts with label reversed. Show all posts
Showing posts with label reversed. Show all posts
Wednesday, August 20, 2008
Wednesday, May 14, 2008
conviction for for transporting illegal aliens is reversed
U.S. v. Valadez-Valadez, No. 06-2341
Driving at a speed moderately below the speed limit does not, without more, constitute obstructing or impeding traffic. A conviction for for transporting illegal aliens is reversed and remanded pursuant to a claim of erroneous denial of a motion to suppress where an officer lacked reasonable suspicion to stop defendant for violating a state law against impeding traffic, based on his driving about 10 m.p.h. below the speed limit on a highway. Read more...
Driving at a speed moderately below the speed limit does not, without more, constitute obstructing or impeding traffic. A conviction for for transporting illegal aliens is reversed and remanded pursuant to a claim of erroneous denial of a motion to suppress where an officer lacked reasonable suspicion to stop defendant for violating a state law against impeding traffic, based on his driving about 10 m.p.h. below the speed limit on a highway. Read more...
Labels:
illegal aliens,
motion to suppress,
reversed
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