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United States v. Manuel Louis Fernandez

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Louis FERNANDEZ, Defendant-Appellant

United States v. Fernandez, 556 F.2d 1246 (5th Cir. 1977)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
August 4, 1977
Docket
No. 76-3434
Judges
Clark, Gee, Markey
Citations
556 F.2d 12461977 U.S. App. LEXIS 12155

Opinion — Gee

GEE, Circuit Judge:

This case presents an appeal of a denial of a motion to suppress and motion to divulge the identity of a confidential informant. The more important aspect of the case is that these issues are non-jurisdictional and were pursued after the defendant entered a plea of nolo contendere.

In United States v. Sepe, 486 F.2d 1044 (5th Cir. 1973) (en banc), the en bane court said in unequivocal terms:

*1247 [A]s a matter of policy this court disapproves the practice of accepting pleas of guilty or nolo contendere if they are coupled with agreements that the defendant may nevertheless appeal on nonjurisdictional grounds.

We repeat this admonition: prosecutors and district courts are reminded of our statement in Sepe and the district courts are directed to cease receiving pleas so conditioned.

Nevertheless, in light of the isolated incidence of this violation and the substantial expenditure of effort on the part of all the parties concerned with this case, we proceed to the merits. AFFIRMED pursuant to Local Rule 21.

1

1

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See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1977: 11978: 319772026peak 1978 · 3

Relies on it most ⓘ

  1. United States v. Thomas Swann574 F.2d 1316 (5th Cir. 1978)
  2. United States v. Antonio Mateo Lopez571 F.2d 1345 (5th Cir. 1978)
  3. United States v. Richard Luther Halfacre566 F.2d 534 (5th Cir. 1978)
  4. United States v. Fernandez561 F.2d 831 (5th Cir. 1977)

Most recent

  1. United States v. Thomas Swann574 F.2d 1316 (5th Cir. 1978)
  2. United States v. Antonio Mateo Lopez571 F.2d 1345 (5th Cir. 1978)
  3. United States v. Richard Luther Halfacre566 F.2d 534 (5th Cir. 1978)
  4. United States v. Fernandez561 F.2d 831 (5th Cir. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Sepe, 486 F.2d 1044 (5th Cir. 1973) 45
Nat'l Labor Relations Bd. v. Amalgamated Clothing Workers of Am., Afl-Cio, Local 990, 430 F.2d 966 (5th Cir. 1970) 2,432

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