United States v. Clarence Baity

Fifth Circuit

United States v. Clarence Baity

464 F.2d 570, 1972 U.S. App. LEXIS 8163

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 28, 1972

Docket72-1736

StatusPublished

This text of 464 F.2d 570 (United States v. Clarence Baity) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Clarence Baity, 464 F.2d 570, 1972 U.S. App. LEXIS 8163 (5th Cir. 1972).

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Opinion

PER CURIAM:

Appellant was convicted on a two-count indictment charging him in one count with wilfully importing a controlled substance, 223 pounds of marijuana, in violation of 21 U.S.C.A. §§ 952(a) and 960(b); and in the other with possession with intent to distribute the same marijuana in violation of 21 U.S.C.A. § 841(a) (1). He. was also charged as an aider and abettor in both counts. 18-U.S.C.A. § 2.

Contrary to appellant’s assertion, the evidence was entirely sufficient to warrant the conviction on each count. He also urges error in the admission of certain testimony, otherwise relevant, as to the modus operandi and earlier events transpiring in the surveillance of the dock area where appellant was seen taking delivery of the marij'uana from persons aboard a Dutch motor vessel recently arrived at the Tampa docks from Turbo, Colombia. Assuming objection to this evidence, its admission does not rise to the level of prejudicial error. It was relevant to show the accuracy of the surveillance and the familiarity of the customs agents with the odor of marijuana.

Even assuming error in the admission of this evidence, its reflection on the guilt of appellant was remote if at all. The other evidence of guilt was overwhelming and thus such error, if *572 any, was harmless beyond a reasonable doubt. Cf. Milton v. Wainwright, 1971, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1.

Affirmed.

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PER CURIAM:

Appellant was convicted on a two-count indictment charging him in one count with wilfully importing a controlled substance, 223 pounds of marijuana, in violation of 21 U.S.C.A. §§ 952(a) and 960(b); and in the other with possession with intent to distribute the same marijuana in violation of 21 U.S.C.A. § 841(a) (1). He. was also charged as an aider and abettor in both counts. 18-U.S.C.A. § 2.

Contrary to appellant’s assertion, the evidence was entirely sufficient to warrant the conviction on each count. He also urges error in the admission of certain testimony, otherwise relevant, as to the modus operandi and earlier events transpiring in the surveillance of the dock area where appellant was seen taking delivery of the marij'uana from persons aboard a Dutch motor vessel recently arrived at the Tampa docks from Turbo, Colombia. Assuming objection to this evidence, its admission does not rise to the level of prejudicial error. It was relevant to show the accuracy of the surveillance and the familiarity of the customs agents with the odor of marijuana.

Even assuming error in the admission of this evidence, its reflection on the guilt of appellant was remote if at all. The other evidence of guilt was overwhelming and thus such error, if *572 any, was harmless beyond a reasonable doubt. Cf. Milton v. Wainwright, 1971, 407 U.S. 371, 92 S.Ct. 2174, 33 L.Ed.2d 1.

Affirmed.

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464 F.2d 570, 1972 U.S. App. LEXIS 8163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-clarence-baity-ca5-1972.

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