From Casetext: Smarter Legal Research

United States v. Durden

United States Court of Appeals, Ninth Circuit
May 3, 1972
460 F.2d 318 (9th Cir. 1972)

Opinion

Nos. 71-2382, 71-2383.

May 3, 1972.

Bernard G. Winsberg, William Miller, Los Angeles, Cal., for appellants.

William D. Keller, U.S. Atty., Earl E. Boyd, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before CHAMBERS and CHOY, Circuit Judges, and POWELL, District Judge.


The judgments of conviction are affirmed in this cocaine case.

Lowe asserts entrapment as a matter of law. But we do not get to that when he does not admit to the acts charged. United States v. Hendricks, 456 F.2d 167, 9th Cir., 1972.

We find no prejudicial conduct of the court. The instructions were adequate.

The defendants may now move in trial court under Rule 35, Federal Rules of Criminal Procedure, for resentencing under the Drug Abuse, Prevention and Control Act, 1970.

The mandate will issue now.


Summaries of

United States v. Durden

United States Court of Appeals, Ninth Circuit
May 3, 1972
460 F.2d 318 (9th Cir. 1972)
Case details for

United States v. Durden

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE, v. SESSER DURDEN…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 3, 1972

Citations

460 F.2d 318 (9th Cir. 1972)

Citing Cases

United States v. Baxter

We find no merit to their arguments addressed to the admission of Government Exhibit 1. See United States v.…