Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit affirmed the conviction of Carlos Dominguez Benitez following a remand from the United States Supreme Court, which overruled the previous Ninth Circuit decision in United States v. Benitez, 310 F.3d 1221 (2002). The court's ruling is based on the Supreme Court's decision in United States v. Dominguez Benitez, No. 03-167, 124 S.Ct. 2333 (2004). The affirmation of the conviction does not impede Benitez's right to file a habeas corpus petition under 28 U.S.C. § 2255. The case was heard by Circuit Judges Browning, Reinhardt, and Tallman, with representation for both parties detailed in the document.
Legal Issues Addressed
Application of Supreme Court Precedentsubscribe to see similar legal issues
Application: The Ninth Circuit affirmed the conviction of Carlos Dominguez Benitez based on the Supreme Court's decision, which overruled the previous Ninth Circuit ruling.
Reasoning: The United States Court of Appeals for the Ninth Circuit affirmed the conviction of Carlos Dominguez Benitez following a remand from the United States Supreme Court, which overruled the previous Ninth Circuit decision in United States v. Benitez, 310 F.3d 1221 (2002).
Right to File Habeas Corpus Petitionsubscribe to see similar legal issues
Application: The affirmation of the conviction by the Ninth Circuit does not prevent Benitez from filing a habeas corpus petition under the relevant statute.
Reasoning: The affirmation of the conviction does not impede Benitez's right to file a habeas corpus petition under 28 U.S.C. § 2255.