Nunez v. United States, 23606.

Decision Date30 January 1967
Docket NumberNo. 23606.,23606.
PartiesVictor Louis NUNEZ, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Fifth Circuit

Bernard S. Dolbear, New Orleans, La., for appellant.

John C. Ciolino, Asst. U. S. Atty., Louis C. LaCour, U. S. Atty., New Orleans, La., for appellee.

Before GEWIN and GOLDBERG, Circuit Judges, and SPEARS, District Judge.


The appellant, Victor Louis Nunez, and one Peter James Schwander were tried by a jury in the United States District Court for the eastern District of Louisiana and convicted of the possession and improper transfer of an unregistered weapon, a "sawed-off" shotgun, or weapon1 in violation of the National Firearms Act, 26 U.S.C. §§ 5851, 5814 and 5841. On appellant's motion brought pursuant to 28 U.S.C. § 2255 that portion of the conviction relating to failure to register the weapon was dismissed by the district court and appellant's sentence was amended accordingly.

The pertinent facts may be briefly stated. On the night of March 13, 1964, Nunez and Linda Jean Hendley were riding in an automobile driven by Peter James Schwander when two detectives of the New Orleans Police Department observed the vehicle being driven in a reckless manner. The officers pursued the vehicle for several blocks whereupon Schwander parked the car and he and Hendley alighted. The officers approached the vehicle and found Nunez lying on the front seat and ordered him to get out of the car. The officers then observed a sawed-off shotgun in its case lying near the driver's side of the car, partially beneath the front seat. A search of Nunez disclosed shotgun shells of the same gauge as the weapon. Thereafter, Nunez and Schwander were tried and convicted of the possession and improper transfer of the above described weapon and Nunez appeals from this conviction.

It is contended by the appellant that the conviction is unlawful for the following reasons: (a) there was an unlawful search and seizure; (b) witnesses were permitted to testify concerning past and future criminal activities on the part of appellant which were irrelevant to the crime charged; (c) the jury was erroneously instructed with respect to the specific intent required and evidence of flight as such applied to each defendant separately; (d) there was insufficient evidence to allow the case to be presented to the jury for consideration; and (e) the court permitted the admission of...

To continue reading

Request your trial
30 cases
  • United States v. Robinson, 23734.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 31, 1972
    ...the officer sees evidence of another crime in plain view, e. g., United States v. Drew, 5 Cir., 451 F.2d 230 (1971); Nunez v. United States, 5 Cir., 370 F.2d 538 (1967); or when the officer notes a suspicious movement by one of the car's occupants which might provide probable cause to arres......
  • State v. Warner
    • United States
    • Supreme Judicial Court of Maine (US)
    • December 26, 1967
    ...States, 93 U.S.App.D.C. 1, 206 F.2d 476 (1953); Harris v. United States, 125 U.S.App.D.C. 231, 370 F.2d 477 (1966); Nunez v. United States, 370 F.2d 538 (5th Cir.1967); United States v. Lee, 274 U.S. 559, 47 S.Ct. 746, 71 L.Ed. 1202 (1927); United States v. Paradise, 334 F.2d 748, 750 (C.A.......
  • Amador-Gonzalez v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 23, 1968
    ...him without a search, if he is lawfully in a position enabling him to see the object seized. In our recent decision in Nunez v. United States, 5 Cir. 1967, 370 F.2d 538, local officers had stopped an automobile when the driver had appeared to be driving recklessly, and had discovered a sawe......
  • State v. Curtis, 42283
    • United States
    • Supreme Court of Minnesota (US)
    • July 9, 1971
    ...a discussion of the court's opinion becomes obvious when various cases are examined in some depth. A good example is Nunez v. United States (5 Cir.) 370 F.2d 538, 539, where the court stated the '* * * On the night of March 13, 1964, Nunez and Linda Jean Hendley were riding in an automobile......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT