Rudy Fenton v. United States
This text of 308 F.2d 246 (Rudy Fenton 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.
Opinion
Appellant has been convicted on four-counts of narcotics offenses. The identical sentences are concurrent. Under Sinclair v. United States, 279 U.S. 263, 49 S.Ct. 268, 73 L.Ed. 692, we need to find. the evidence to be sufficient under only *247 one count. This we do, although there is none to spare. The government’s main witness was discredited in many ways, but it was within the province of the jury to believe him in the necessary particulars.
The instructions which appellant complains were too abbreviated were adequate. That they were not more comprehensive we do not find to be plain error.
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308 F.2d 246, 1962 U.S. App. LEXIS 4154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudy-fenton-v-united-states-ca9-1962.