Celia Gonzalez Ramirez v. United States

Ninth Circuit

Celia Gonzalez Ramirez v. United States

419 F.2d 1330

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 13, 1970

Docket22876

StatusPublished

Cited by1 cases

This text of 419 F.2d 1330 (Celia Gonzalez Ramirez v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Celia Gonzalez Ramirez v. United States, 419 F.2d 1330 (9th Cir. 1970).

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Opinion

PER CURIAM:

Appellant appeals from convictions under a three count indictment charging violations of the narcotics laws as follows: (1) with knowingly and unlawfully receiving and concealing and facilitating the concealment and transportation of heroin, 21 U.S.C. § 174; (2) with knowingly and unlawfully selling and facilitating the sale of heroin in violation of the same section; and (8) in knowingly and unlawfully selling an amount of heroin without obtaining a written order form from the Secretary of the Treasury as required by 26 U.S.C. § 4705(a).

In our view, Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), a marihuana case, on which appellant relied at the time of argument, is here of no importance. By express language, it excluded heroin from its impact. Consequently, Yee Hem v. United States, 268 U.S. 178, 45 S.Ct. 470, 69 L.Ed. 904 (1925), must guide our action on the § 174 counts. Clayton v. United States, 413 F.2d 297 (9th Cir., June 9, 1969), supports this conclusion. We affirm on Counts 1 and 2.

Inasmuch as appellant was sentenced to serve seven years on each count, we do not reach the constitutional challenge to 26 U.S.C. § 4705(a).

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PER CURIAM:

Appellant appeals from convictions under a three count indictment charging violations of the narcotics laws as follows: (1) with knowingly and unlawfully receiving and concealing and facilitating the concealment and transportation of heroin, 21 U.S.C. § 174; (2) with knowingly and unlawfully selling and facilitating the sale of heroin in violation of the same section; and (8) in knowingly and unlawfully selling an amount of heroin without obtaining a written order form from the Secretary of the Treasury as required by 26 U.S.C. § 4705(a).

In our view, Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), a marihuana case, on which appellant relied at the time of argument, is here of no importance. By express language, it excluded heroin from its impact. Consequently, Yee Hem v. United States, 268 U.S. 178, 45 S.Ct. 470, 69 L.Ed. 904 (1925), must guide our action on the § 174 counts. Clayton v. United States, 413 F.2d 297 (9th Cir., June 9, 1969), supports this conclusion. We affirm on Counts 1 and 2.

Inasmuch as appellant was sentenced to serve seven years on each count, we do not reach the constitutional challenge to 26 U.S.C. § 4705(a).

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419 F.2d 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/celia-gonzalez-ramirez-v-united-states-ca9-1970.

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