United States v. Gibson, No. 95
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | LUMBARD, , and SWAN and MOORE, Circuit |
| Citation | 310 F.2d 79 |
| Parties | UNITED STATES of America, Appellee, v. Charles GIBSON, Rayburn Hillary and Delmo Walters, Appellants. |
| Decision Date | 16 November 1962 |
| Docket Number | No. 95,Docket 27369. |
310 F.2d 79 (1962)
UNITED STATES of America, Appellee,
v.
Charles GIBSON, Rayburn Hillary and Delmo Walters, Appellants.
No. 95, Docket 27369.
United States Court of Appeals Second Circuit.
Argued October 25, 1962.
Decided November 16, 1962.
Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for appellants Charles Gibson and Rayburn Hillary.
Robert S. Kreindler, New York City, for appellant Delmo Walters.
T. F. Gilroy Daly, Asst. U. S. Atty. Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty. Southern District of New York and Arthur I. Rosett, Asst. U. S. Atty., on the brief), for appellee.
Before LUMBARD, Chief Judge, and SWAN and MOORE, Circuit Judges.
LUMBARD, Chief Judge.
Judge Weinfeld, sitting without a jury, found the defendants Gibson and Walters guilty under 21 U.S.C. §§ 173, 174 of three substantive counts of selling illegally imported narcotics known to be illegally imported, and of a conspiracy count. Each was sentenced to four concurrent five-year terms. Hillary was convicted under 21 U.S.C. § 176a1 of receiving and concealing marihuana which was illegally imported and known to be illegally imported, and was sentenced to an
On October 5, 1961, federal narcotics agents Jackson and Peterson, posing as purchasers of narcotics, telephoned and then visited Gibson in a room which he shared with Hillary at the Hotel Oxford at 545 West 112th Street, Manhattan. They arranged to purchase one-half ounce of heroin for $175. Gibson then took the agents to Walters' apartment, located on West 111th Street, where agent Jackson was admitted. Walters gave the heroin to Jackson who paid him.
The October 5th procedure was repeated on October 16th when the agents purchased an ounce of heroin and arranged for the purchase of an additional four ounces. On October 19th the agents again called Gibson, asked him to increase the order to nine ounces for a total price of $3,150, and arranged to meet Gibson that evening on the corner of 116th Street and Eighth Avenue. They picked up Gibson and later went to the hotel where Hillary was waiting. While they were waiting for Walters to arrive with the heroin, Hillary smoked two marihuana cigarettes, gave one to Gibson and offered some to the agents, who declined. Walters finally arrived and delivered the heroin to Peterson. After testing the heroin the agents then arrested all three defendants and found fourteen envelopes containing marihuana in a dresser drawer, which Hillary admitted he had "on consignment."
Judge Weinfeld expressly found, as to all three defendants, that the heroin and marihuana were illegally imported into the United States and that each defendant knew of such illegal importation. Gibson and Hillary contend that the trial judge improperly placed upon them the burden of proving lack of illegal importation or lack of knowledge of same. We do not...
To continue reading
Request your trial
-
Daye v. Attorney General of State of New York, No. 906
...interests as his right to have each count of the indictment charge him with no more than one criminal violation, United States v. Gibson, 310 F.2d 79, 80 n. 1 (2d Cir.1962); Fed.R.Crim.P. 8(a); or the right to have access to reports by informant witnesses to law enforcement officials, Unite......
-
United States v. Liguori, No. 350
...484 (2d Cir. 1966), cert. denied, 386 U.S. 918, 87 S.Ct. 877, 17 L.Ed. 2d 789 (1967) (21 U.S.C. Section 174); United States v. Gibson, 310 F.2d 79 (2d Cir. 1962) (21 U.S.C. Section 176a); Jones v. United States, 377 F.2d 742 (8th Cir.), cert. denied, 389 U.S. 885, 88 S.Ct. 157, 19 L.Ed.2d 1......
-
Turner v. United States, No. 190
...v. Savage, 292 F.2d 264 (C.A.2d Cir.), cert. denied, 368 U.S. 880, 82 S.Ct. 129, 7 L.Ed.2d 80 (1961) (heroin); United States v. Gibson, 310 F.2d 79 (C.A.2d Cir. 1962) (heroin); Lucero v. United States, 311 F.2d 457 (C.A.10th Cir. 1962), cert. denied sub nom. Maestas v. United States, 372 U.......
-
Leary v. United States, No. 65
...v. Soto, 256 F.2d 729, 735 (C.A.7th Cir. 1958); Borne v. United States, 332 F.2d 565, 566 (C.A.5th Cir. 1964); United States v. Gibson, 310 F.2d 79, 82 (C.A.2d Cir. 1962). However, there is no indication tht in any of these cases the court had before it or took into account even a fraction ......
-
Daye v. Attorney General of State of New York, No. 906
...interests as his right to have each count of the indictment charge him with no more than one criminal violation, United States v. Gibson, 310 F.2d 79, 80 n. 1 (2d Cir.1962); Fed.R.Crim.P. 8(a); or the right to have access to reports by informant witnesses to law enforcement officials, Unite......
-
United States v. Liguori, No. 350
...484 (2d Cir. 1966), cert. denied, 386 U.S. 918, 87 S.Ct. 877, 17 L.Ed. 2d 789 (1967) (21 U.S.C. Section 174); United States v. Gibson, 310 F.2d 79 (2d Cir. 1962) (21 U.S.C. Section 176a); Jones v. United States, 377 F.2d 742 (8th Cir.), cert. denied, 389 U.S. 885, 88 S.Ct. 157, 19 L.Ed.2d 1......
-
Turner v. United States, No. 190
...v. Savage, 292 F.2d 264 (C.A.2d Cir.), cert. denied, 368 U.S. 880, 82 S.Ct. 129, 7 L.Ed.2d 80 (1961) (heroin); United States v. Gibson, 310 F.2d 79 (C.A.2d Cir. 1962) (heroin); Lucero v. United States, 311 F.2d 457 (C.A.10th Cir. 1962), cert. denied sub nom. Maestas v. United States, 372 U.......
-
Leary v. United States, No. 65
...v. Soto, 256 F.2d 729, 735 (C.A.7th Cir. 1958); Borne v. United States, 332 F.2d 565, 566 (C.A.5th Cir. 1964); United States v. Gibson, 310 F.2d 79, 82 (C.A.2d Cir. 1962). However, there is no indication tht in any of these cases the court had before it or took into account even a fraction ......