United States v. Elvin Patterson

Ninth Circuit

United States v. Elvin Patterson

460 F.2d 1282, 1972 U.S. App. LEXIS 9678

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 9, 1972

Docket19-73124

StatusPublished

This text of 460 F.2d 1282 (United States v. Elvin Patterson) 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.

Bluebook

United States v. Elvin Patterson, 460 F.2d 1282, 1972 U.S. App. LEXIS 9678 (9th Cir. 1972).

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Opinion

PER CURIAM:

The appellant was charged with conspiracy and five substantive offenses arising out of an attempt to smuggle five aliens into this country. 18 U.S.C. § 371, 8 U.S.C. § 1324. He was tried before a jury and found guilty on the conspiracy count and one substantive count, and received two two-year concurrent sentences. He appeals, challenging the sufficiency of the evidence. We affirm.

The Government presented the testimony of two United States Border Patrol Agents and one of the aliens who was in appellant’s car at the time of his arrest. The alien testified that after arrangements had been made to bring four of them from Tijuana to the United States, they were told to get into a car driven by appellant. They were driven by appellant to the border outside of Tijuana. They then left the car, entered the United States on foot, and hid along the roadside until appellant picked them up. Appellant drove them to the place along the highway where the Border Patrol Agents found them and arrested appellant.

*1283 Appellant testified and denied the story told by the alien witness. The jury, upon proper instructions, found appellant guilty. The evidence considered in the light most favorable to the Government clearly supports the verdict and judgment. United States v. Brown, 436 F.2d 702, 704-705 (9th Cir. 1970); United States v. Nelson, 419 F.2d 1237, 1241 (9th Cir. 1969).

The judgment is affirmed.

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PER CURIAM:

The appellant was charged with conspiracy and five substantive offenses arising out of an attempt to smuggle five aliens into this country. 18 U.S.C. § 371, 8 U.S.C. § 1324. He was tried before a jury and found guilty on the conspiracy count and one substantive count, and received two two-year concurrent sentences. He appeals, challenging the sufficiency of the evidence. We affirm.

The Government presented the testimony of two United States Border Patrol Agents and one of the aliens who was in appellant’s car at the time of his arrest. The alien testified that after arrangements had been made to bring four of them from Tijuana to the United States, they were told to get into a car driven by appellant. They were driven by appellant to the border outside of Tijuana. They then left the car, entered the United States on foot, and hid along the roadside until appellant picked them up. Appellant drove them to the place along the highway where the Border Patrol Agents found them and arrested appellant.

*1283 Appellant testified and denied the story told by the alien witness. The jury, upon proper instructions, found appellant guilty. The evidence considered in the light most favorable to the Government clearly supports the verdict and judgment. United States v. Brown, 436 F.2d 702, 704-705 (9th Cir. 1970); United States v. Nelson, 419 F.2d 1237, 1241 (9th Cir. 1969).

The judgment is affirmed.

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460 F.2d 1282, 1972 U.S. App. LEXIS 9678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-elvin-patterson-ca9-1972.

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