United States v. Edgardo Boke

Ninth Circuit

United States v. Edgardo Boke

449 F.2d 339, 1971 U.S. App. LEXIS 7842

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 29, 1971

Docket71-1354_1

StatusPublished

This text of 449 F.2d 339 (United States v. Edgardo Boke) 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 v. Edgardo Boke, 449 F.2d 339, 1971 U.S. App. LEXIS 7842 (9th Cir. 1971).

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Opinion

PER CURIAM:

Boke appeals from his conviction for heroin offenses, 21 U.S.C. § 174, 26 U.S.C. § 4705(a). We reject each of his contentions on appeal upon the following grounds: (1) We have examined the record and decided that the evidence was ample to sustain his conviction; (2) there was no error in refusing to instruct the jury that smuggling merchandise, 18 U.S.C. § 545, is a lesser offense included within the offense charged (Palmero v. United States (1st Cir. 1940) 112 F.2d 922); (3) there was no error in refusing to permit Boke to plead to a lesser offense when the Government refused to consent (United States v. Gray (9th Cir. 1971) 438 F.2d 1160; and (4) the record does not support the claim that Boke was prejudiced by prosecu-torial misconduct.

The judgment is affirmed.

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PER CURIAM:

Boke appeals from his conviction for heroin offenses, 21 U.S.C. § 174, 26 U.S.C. § 4705(a). We reject each of his contentions on appeal upon the following grounds: (1) We have examined the record and decided that the evidence was ample to sustain his conviction; (2) there was no error in refusing to instruct the jury that smuggling merchandise, 18 U.S.C. § 545, is a lesser offense included within the offense charged (Palmero v. United States (1st Cir. 1940) 112 F.2d 922); (3) there was no error in refusing to permit Boke to plead to a lesser offense when the Government refused to consent (United States v. Gray (9th Cir. 1971) 438 F.2d 1160; and (4) the record does not support the claim that Boke was prejudiced by prosecu-torial misconduct.

The judgment is affirmed.

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449 F.2d 339, 1971 U.S. App. LEXIS 7842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edgardo-boke-ca9-1971.

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