United States v. Juan Cristostomo Villa

427 F.2d 542, 1970 U.S. App. LEXIS 8928

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 3, 1970
• Docket: 25228
• Status: Published

Opinion

PER CURIAM:

Appellant appeals from his conviction upon two counts of an indictment charging violation of 21 U.S.C. § 174 and one count charging violation of 26 U.S.C. § 4705(a).

There was ample proof that appellant’s codefendant had illegally imported the cocaine and adequate evidence that appellant had aided and abetted his confederate in committing the offense. That evidence supplied a sufficient factual predicate for the instructions to the jury on common plan or scheme.

The major point appellant urges to overturn his conviction for violating 26 U.S.C. § 4705(a) was decided adversely to him in Minor v. United States (1969) 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d 283.

The judgment is affirmed.