United States v. Jesus P. Aviles

Ninth Circuit

United States v. Jesus P. Aviles

439 F.2d 708, 1971 U.S. App. LEXIS 11471

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 9, 1971

Docket26013_1

StatusPublished

This text of 439 F.2d 708 (United States v. Jesus P. Aviles) 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. Jesus P. Aviles, 439 F.2d 708, 1971 U.S. App. LEXIS 11471 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

The judgment of conviction in this narcotics case is affirmed.

We find adequate evidence to support the conviction on all counts.

The failure here to require the government to produce the informant was within the trial court’s discretion. The informer was not a witness to or an actor in the transactions. If the informer had participated in the alleged entrapment, we would have a different case.

The judge here as the trier of fact simply refused to believe Aviles on entrapment.

There may be too many counts in the indictment, but with concurrent sentences, Aviles was not prejudiced.

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