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U.S. v. ERENAS-LUNA

No. 08-1855.

560 F.3d 772 (2009)

UNITED STATES of America, Appellee, v. Luis Alberto ERENAS-LUNA, also known as Miguel Ontiveros-Murrillo, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 23, 2009.

Attorney(s) appearing for the Case

Lynnett Wagner, AUSA, argued, Lincoln, NE, for Appellee.

Michael David Gooch, argued, Omaha, NE, for Appellant.

Before RILEY, BRIGHT, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Miguel Ontiveros,1 a.k.a. Luis Alberto Erenas-Luna, a.k.a. Miguel Ontiveros-Murillo, appeals his conviction for conspiring to distribute methamphetamine. The sole issue is whether the district court erred by denying Ontiveros's motion to dismiss for unconstitutional post-indictment delay. We vacate the district court's order denying Ontiveros's motion to dismiss and remand for further proceedings consistent with...

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