United States v. J. C. Ramsey

Ninth Circuit

United States v. J. C. Ramsey

457 F.2d 428, 1972 U.S. App. LEXIS 10458

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 28, 1972

Docket71-2433

StatusPublished

This text of 457 F.2d 428 (United States v. J. C. Ramsey) 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. J. C. Ramsey, 457 F.2d 428, 1972 U.S. App. LEXIS 10458 (9th Cir. 1972).

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Opinion

PER CURIAM:

J. C. Ramsey was sentenced to serve four concurrent terms of ten years each, upon his conviction on four counts of an indictment in which he was charged with various crimes involving heroin (21 U.S.C. § 174, 26 U.S.C.A. § 4705(a)).

On this appeal he urges two points for reversal.

The first is without merit. Entrapment does not appear on the record as a matter of law. To the contrary, the evidence on that issue was in conflict.

The second need not be considered. In substance, it is that the trial court committed plain error in failing to give a particular instruction; however, the instruction would have related exclusively to the crime charged in but one of the several counts. As noted earlier, there were convictions on multiple counts and the sentences on each were of the same length and were to run concurrently. The “concurrent sentence” rule applies. Hirabayashi v. United States, 320 U.S. 81, 85, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943).

Affirmed.

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PER CURIAM:

J. C. Ramsey was sentenced to serve four concurrent terms of ten years each, upon his conviction on four counts of an indictment in which he was charged with various crimes involving heroin (21 U.S.C. § 174, 26 U.S.C.A. § 4705(a)).

On this appeal he urges two points for reversal.

The first is without merit. Entrapment does not appear on the record as a matter of law. To the contrary, the evidence on that issue was in conflict.

The second need not be considered. In substance, it is that the trial court committed plain error in failing to give a particular instruction; however, the instruction would have related exclusively to the crime charged in but one of the several counts. As noted earlier, there were convictions on multiple counts and the sentences on each were of the same length and were to run concurrently. The “concurrent sentence” rule applies. Hirabayashi v. United States, 320 U.S. 81, 85, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943).

Affirmed.

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457 F.2d 428, 1972 U.S. App. LEXIS 10458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-j-c-ramsey-ca9-1972.

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