The United States of America v. Martin Chavez Lopez

Fifth Circuit

The United States of America v. Martin Chavez Lopez

493 F.2d 1228, 1974 U.S. App. LEXIS 8680

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 10, 1974

Docket73-2077

StatusPublished

This text of 493 F.2d 1228 (The United States of America v. Martin Chavez Lopez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The United States of America v. Martin Chavez Lopez, 493 F.2d 1228, 1974 U.S. App. LEXIS 8680 (5th Cir. 1974).

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Opinion

PER CURIAM:

Treating this as an allowance by the Court of an out-of-time direct appeal (and not a § 2255 collateral attack), we hold that since the very same action by the Trial Court in this very same trial was held to be error as to his eodefend-ant Garza in United States v. Garza, 5 Cir., 1970, 426 F.2d 949, 953-955, reversal and remand for a new trial is likewise called for as to Lopez.

Reversed and remanded.

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PER CURIAM:

Treating this as an allowance by the Court of an out-of-time direct appeal (and not a § 2255 collateral attack), we hold that since the very same action by the Trial Court in this very same trial was held to be error as to his eodefend-ant Garza in United States v. Garza, 5 Cir., 1970, 426 F.2d 949, 953-955, reversal and remand for a new trial is likewise called for as to Lopez.

Reversed and remanded.

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493 F.2d 1228, 1974 U.S. App. LEXIS 8680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-united-states-of-america-v-martin-chavez-lopez-ca5-1974.

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