Rios v. United States
Decision Date | 07 October 1960 |
Docket Number | No. 16925.,16925. |
Citation | 283 F.2d 134 |
Parties | Frank RIOS, Jr., Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
Ernest M. Best, Walter East Hempstead, Jr., Los Angeles, Cal., for appellant.
Laughlin E. Waters, U. S. Atty., Robert J. Jensen, Minoru Inadomi, Asst. U. S. Attys., Los Angeles, Cal., for appellee.
Before BARNES and JERTBERG, Circuit Judges, and LING, District Judge.
Appellant was convicted by a jury on two counts of facilitating the sale and transportation of heroin in violation of 21 U.S.C.A. § 174. The jurisdiction of the district court was predicated on 18 U.S.C.A. § 3231, and this court has jurisdiction of the appeal pursuant to 28 U. S.C. §§ 1291, 1294.
Counsel for appellant characterizes "any appeal as one chance in a million," and that "the whole appeal process is ruled into predetermined absurdity." He states "there are no disputed facts whatsoever in this entire record or the Reporter's Transcript." Yet he says the appellant denied what the police officer had testified to concerning the participation by Rios in facilitating the transportation and sale of heroin. This police testimony, says counsel for appellant, only "implies" knowledge of the violation of the narcotic laws by the defendant Rios, and only "suggests by words of the officer" that the appellant was remotely connected with the traffic. Despite his disapproval of appellate procedures, he asks a reversal of the conviction by this appeal.
From the transcript we read that defendant Rios was sitting in his Chevrolet automobile with his six year old son at a service station. Somewhere between six and twenty feet away an undercover officer was attempting to make a purchase and obtain delivery of heroin. Co-defendant Garcia, also known as "Tito," approached the agent, Gjertsen, displayed a packet with a number of white capsules in it and said (testimony of Gjertsen on direct examination):
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