United States of America, and v. Delano B. Kelley, And

Ninth Circuit

United States of America, and v. Delano B. Kelley, And

426 F.2d 296

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 3, 1970

Docket24392_1

StatusPublished

This text of 426 F.2d 296 (United States of America, and v. Delano B. Kelley, And) 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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United States of America, and v. Delano B. Kelley, And, 426 F.2d 296 (9th Cir. 1970).

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Opinion

PER CURIAM:

The judgment of conviction in this narcotics case is affirmed.

There was a conviction by a jury on two heroin counts and one on cocaine. If the cocaine count stood alone, Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed. 610, would require a reversal.

As to the heroin counts, there are contentions of inadequate representation of counsel, objections to admission of allegedly hearsay testimony, and now an exception is taken to a jury instruction on possession.

The possession instruction actually was favorable to Kelley. We find that the representation was reasonably competent and not a sham.

The hearsay was admitted for a very limited purpose to show “setting” and *297 the jury was carefully cautioned as to its use. There was no such caution sounded in Sanchez v. United States, 8 Cir., 293 F.2d 260, which appellant heavily relies upon.

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