United States v. Jesus P. Aviles

Ninth Circuit

United States v. Jesus P. Aviles

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

Court of Appeals for the Ninth Circuit·Decided March 9, 1971·No. 26013_1·Published

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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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.

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

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