Martinez v. United States

Decision Date16 January 2007
Docket NumberNo. 06-7182.,06-7182.
Citation166 L.Ed.2d 889,549 U.S. 1164,75 USLW 3367,127 S.Ct. 1125
PartiesInes Herrera MARTINEZ, petitioner, v. UNITED STATES.
CourtU.S. Supreme Court
OPINION TEXT STARTS HERE

Case below, 354 F.3d 932.

*1126On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

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5 cases
  • U.S. v. Carrasco-Ruiz
    • United States
    • U.S. District Court — District of South Dakota
    • September 23, 2008
    ...a violation of SDCL 32-26-6. United States v. Herrera Martinez, 354 F.3d 932 (8th Cir.2004) vacated on other grounds, 549 U.S. 1164, 127 S.Ct. 1125, 166 L.Ed.2d 889 (2007).6 There was, therefore, probable cause for the traffic In their briefs, however, Defendants assert they were the victim......
  • State v. Hett
    • United States
    • South Dakota Supreme Court
    • July 3, 2013
    ...to stay ‘as nearly as practicable’ within one traffic lane.” 5354 F.3d 932, 934 (8th Cir.2004)vacated on other grounds549 U.S. 1164, 127 S.Ct. 1125, 166 L.Ed.2d 889 (2007). In United States v. Carrasco–Ruiz, the United States District Court for South Dakota relied on Herrera Martinez in obs......
  • State v. Magallanes
    • United States
    • Nebraska Supreme Court
    • December 21, 2012
    ...§ 60–6,142 and similar laws. See, U.S. v. Herrera Martinez, 354 F.3d 932 (8th Cir.2004), vacated on other grounds549 U.S. 1164, 127 S.Ct. 1125, 166 L.Ed.2d 889 (2007) (crossing fog line one time was sufficient probable cause to stop vehicle under South Dakota law); U.S. v. Mallari, 334 F.3d......
  • Martinez v. United States
    • United States
    • U.S. District Court — District of South Dakota
    • March 19, 2012
    ...suppression motions. See United States v. Herrera Martinez, 354 F.3d 932, 934 (8th Cir.2004) (per curiam), vacated on other grounds, 549 U.S. 1164 (2007)(vacating Herrera Martinez's sentence on Booker1 grounds). Movant's requests for rehearing and rehearing en banc were denied by the Eighth......
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