Ramirez v. United States
Citation | 350 F.2d 306 |
Decision Date | 10 August 1965 |
Docket Number | No. 19905.,19905. |
Parties | Lorenzo RAMIREZ, Appellant, v. UNITED STATES of America, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Howard Meyerson, Los Angeles, Cal., for appellant.
Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Michael P. Balaban, A. I. Berman, Asst. U. S. Attys., Los Angeles, Cal., for appellee.
Before JERTBERG and BROWNING, Circuit Judges, and MUECKE, District Judge.
Following trial to a jury, appellant was convicted on five counts of a seven count indictment returned against appellant and co-defendant Ruiz. Counts ONE and TWO related only to the co-defendant Ruiz. Counts THREE, FOUR, FIVE and SIX charged appellant and Ruiz jointly with unlawful concealment and sale of illegally imported heroin, and Count SEVEN charged appellant, only, with unlawful concealment of illegally imported heroin all in violation of 21 U.S.C. § 174.
Appellant's assignment of errors state:
The court instructed the jury on circumstantial evidence as follows:
The above instruction was immediately preceded by the court's instruction pertaining to reasonable doubt, which instructions we find to be clear, comprehensive and complete.
Appellant states in his objection to the quoted instruction as follows:
We find no merit in appellant's contention. In Holland v. United States, 348 U.S. 121 at pages 139-140, 75 S.Ct. 127 at page 137, 99 L.Ed. 150 (1954), it is stated as follows:
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United States v. Nelson
...are in accord with this interpretation of Holland. Mull v. United States, 402 F.2d 571, 575 (9th Cir. 1968); Ramirez v. United States, 350 F.2d 306, 307-308 (9th Cir. 1965); Armstrong v. United States, 327 F.2d 189, 194 (9th Cir. 1964); Strangway v. United States, 312 F.2d 283, 285 (9th Cir......
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Mull v. United States
...The court fully instructed on the presumption of innocence and the government's burden of proof. More is not required. Ramirez v. United States, 9 Cir., 1965, 350 F.2d 306. * Honorable Ray McNichols, District Judge, District of Idaho, sitting by designation. 1 The exceptions listed in secti......
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Brown v. United States
...the constitutionality of 21 U.S.C. § 174 have long been put to rest by numerous decisions in this Circuit. See e. g., Ramirez v. United States, 350 F.2d 306 (9th Cir. 1965); Pool v. United States, 344 F.2d 943 (9th Cir. 1965); Brown v. United States, 370 F.2d 874 (9th Cir. As in most entrap......