United States v. Reid, 532
Decision Date | 23 June 1965 |
Docket Number | Docket 29548.,No. 532,532 |
Citation | 347 F.2d 344 |
Parties | UNITED STATES of America, Appellee, v. Robert REID, Defendant-Appellant. |
Court | U.S. Court of Appeals — Second Circuit |
Randolph Guggenheimer, Jr., New York City (Anthony F. Marra, The Legal Aid Soc., New York City), for appellant.
Daniel R. Murdock, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, Charles A. Stillman, Asst. U. S. Atty., New York City), for appellee.
Before KAUFMAN, HAYS and MARSHALL, Circuit Judges.
This is an appeal from a conviction for violation of 21 U.S.C. §§ 173, 174 (1958).
The charge of which appellant complains was not as clear as would be desirable in instructing the jury on the effect of the presumption of illegal importation.
United States v. Evans, 312 F.2d 556, 557 (2d Cir. 1963).
However, no objection was made to the charge and we do not believe that the charge as given was plainly erroneous within the meaning of Rule 52(b) of the Federal Rules of Criminal Procedure.
Appellant asks us to rule on the basis of Erwing v. United States, 323 F. 2d 674, 682 (9th Cir. 1963) that "there is no rational connection" between cocaine hydrochloride and the presumption of illegal importation. But the record contains no evidence whatever as to place of manufacture upon which we could base such a conclusion. See United States v. Martinez, 333 F.2d 80, 81 (2d Cir.), cert. denied, 379 U.S. 907, 85 S.Ct. 199, 13 L.Ed.2d 178 (1964); United States v. Sorenson, 330 F.2d 1018, 1021 (2d Cir. 1964).
Appellant urges that the testimony of the chemist did not sufficiently identify the substance which he analyzed as the same substance which was purchased from the defendant. The record appears to lend support to the appellant's claim. However, there is other evidence which sufficiently establishes the character of the substance sold by appellan...
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Verdugo v. United States
...in recent decisions, as clearly as it might. Cf. United States v. Llanes, 374 F.2d 712, 716 (2d Cir. 1967); United States v. Reid, 347 F.2d 344, 345 (2d Cir. 1965). The instructions approved by the Supreme Court in United States v. Gainey, 380 U.S. 63, 69-70, 85 S.Ct. 754, 13 L.Ed.2d 658 (1......
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Casella v. United States
...States v. Martinez, 333 F.2d 80 (2 Cir. 1964), cert. den., 379 U.S. 907, 85 S.Ct. 199, 13 L.Ed.2d 178 (1964), and in United States v. Reid, 347 F.2d 344 (2 Cir. 1965). Cf. United States v. Coke, 364 F.2d 484 (1966), cert. den., 386 U.S. 918, 87 S.Ct. 877, 17 L.Ed.2d 789 (1967), where no pro......
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United States v. Coke
...1964), cert. denied, 379 U.S. 907, 85 S.Ct. 199, 13 L.Ed.2d 178 (1964). In that case, and in the subsequent case of United States v. Reid, 347 F.2d 344 (2d Cir. 1965), we held that the issue would not be considered by this court unless a record was made in the trial court which tended to sh......