United States v. Macias, 29668.
| Decision Date | 04 January 1971 |
| Docket Number | No. 29668.,29668. |
| Citation | 435 F.2d 1294 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Fernando MACIAS, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Sam Sparks, El Paso, Tex. (Court-appointed) for defendant-appellant.
Haskell Shelton, Asst. U. S. Atty., El Paso, Tex., Romualdo Cesar Caballero, Atty., Tax. Div., Alexandria, Va., Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., for plaintiff-appellee.
Before RIVES, AINSWORTH and MORGAN, Circuit Judges.
This appeal is from a judgment of conviction on each count of an eight-count indictment, four of the counts charging the defendant Macias with separate sales of heroin in violation of 26 U.S.C. § 4705, and the other four counts charging him with separate offenses in violation of 21 U.S.C. § 174 with respect to the same heroin, and from concurrent sentences of imprisonment for terms of fifteen (15) years on each of said eight counts.
We find no error in the prosecuting attorney's reference in argument nor to the district court's instruction to the jury as to the following provision of 21 U.S.C. § 174:
"Whenever on trial for a violation of this section the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury."1
The only other claimed error on appeal is that the defendant Macias was denied effective representation of counsel at his trial. In the exercise of this Court's broad discretion to "require such further proceedings to be had as may be just under the circumstances,"2 we remand the case with directions that the district court conduct a hearing at which the defendant Macias shall be present and shall be represented by his attorney, Sam Sparks, Esq., and of which hearing the defendant's former counsel shall have appropriate notice and an opportunity to attend and testify, and at which hearing all such relevant evidence on the issue of whether the defendant Macias was denied effective representation of counsel at his trial as may be offered either by the defendant Macias or by the United States shall be received. After the conclusion of such hearing, the district court shall make and enter appropriate findings of fact and conclusions of law. If the district court finds that the defendant Macias was denied effective representation of counsel, it shall vacate and set aside the...
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United States v. Hernandez
...610; United States v. Curbelo, 5 Cir., 1970, 423 F.2d 1204; Jimenez v. United States, 5 Cir., 1970, 421 F.2d 1401; United States v. Macias, 5 Cir., 1971, 435 F.2d 1294. See, also Minor v. United States, 1969, 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d The judgment of the District Court is Affirm......
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Freeney v. Davis, 16-70007
...Church of Disciples of Jesus Christ, 687 F.3d 676, 682 n.3 (5th Cir. 2012) (citing § 2106); accord United States v. Macias, 435 F.2d 1294, 1295 (5th Cir. 1971) (per curiam) (noting that the Fifth Circuit has "broad discretion to 'require such further proceedings to be had as may be just und......
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Macias v. United States, 72-2075. Summary Calendar.
...on March 6, 1969 to serve eight concurrent fifteen year prison terms. The judgment was affirmed on direct appeal, United States v. Macias, 5 Cir., 1970, 435 F.2d 1294; and United States v. Macias, 5 Cir., 1971, 446 F.2d 54, cert. denied, 404 U.S. 978, 92 S.Ct. 345, 30 L.Ed.2d 294 Appellant ......
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United States v. Macias, 71-1724 Summary Calendar.
...whether Fernando Macias had been denied effective assistance of counsel when convicted of the unlawful sale of heroin United States v. Macias, 435 F. 2d 1294 (1971). The hearing was held, with adverse results to Macias. He again appeals. We affirm. The record clearly supports the findings a......