United States v. Fernando Luis Clarillo

Ninth Circuit

United States v. Fernando Luis Clarillo

446 F.2d 645, 1971 U.S. App. LEXIS 8680

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 3, 1971

Docket71-1569

StatusPublished

Cited by1 cases

This text of 446 F.2d 645 (United States v. Fernando Luis Clarillo) 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. Fernando Luis Clarillo, 446 F.2d 645, 1971 U.S. App. LEXIS 8680 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

Clarillo stands convicted on all counts of a three-count indictment charging him with conspiring to import, importing, and facilitating the transportation of nine ounces of heroin, all in violation of 21 U.S.C. § 174. On appeal he challenges the sufficiency of the evidence to support his conviction.

Without detailing all of the evidence, we find it sufficient. Clarillo was implicated in the conspiracy by statements of his co-conspirator indicating that he was an active participant. Moreover, he was present when the heroin was delivered, physically received it and tested it for weight, and put it in his pocket. Viewing the evidence in the light most favorable to the government we hold that the trier of fact could reasonably conclude that appellant was guilty. United States v. Nelson, 9 Cir., 1969, 419 F.2d 1237, 1243-1245. Appellant’s reliance on Nelson for the. “reasonable hypothesis other than guilt” test in reviewing the sufficiency of evidence to support criminal convictions is misplaced. That is precisely the test that Nelson rejected as “confusing and incorrect.”

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Clarillo stands convicted on all counts of a three-count indictment charging him with conspiring to import, importing, and facilitating the transportation of nine ounces of heroin, all in violation of 21 U.S.C. § 174. On appeal he challenges the sufficiency of the evidence to support his conviction.

Without detailing all of the evidence, we find it sufficient. Clarillo was implicated in the conspiracy by statements of his co-conspirator indicating that he was an active participant. Moreover, he was present when the heroin was delivered, physically received it and tested it for weight, and put it in his pocket. Viewing the evidence in the light most favorable to the government we hold that the trier of fact could reasonably conclude that appellant was guilty. United States v. Nelson, 9 Cir., 1969, 419 F.2d 1237, 1243-1245. Appellant’s reliance on Nelson for the. “reasonable hypothesis other than guilt” test in reviewing the sufficiency of evidence to support criminal convictions is misplaced. That is precisely the test that Nelson rejected as “confusing and incorrect.”

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

446 F.2d 645, 1971 U.S. App. LEXIS 8680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fernando-luis-clarillo-ca9-1971.

Opinion

Related

Cite This Page — Counsel Stack