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

Court of Appeals for the Ninth Circuit·Decided August 3, 1970·No. 24392_1·Published

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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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.

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

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426 F.2d 296 (United States of America, and v. Delano B. Kelley, And) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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