United States v. Simon Alex Hernandez

Ninth Circuit

United States v. Simon Alex Hernandez

434 F.2d 1316

Court of Appeals for the Ninth Circuit·Decided December 23, 1970·No. 23573·Published

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We find the evidence sufficient on both counts.

On appeal, for the first time an objection is raised in behalf of Hernandez as to a search of his automobile after his arrest. This search did produce additional evidence. The objection, if it had merit, was waived below.

The renewed motion for bail is denied.

The motion to correct the probation report is denied. The appellant may now make a proper motion in the district court under Rule 35, Federal Rules of Criminal Procedure, and under such a motion the alleged inaccuracy of the probation report may be considered.

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PER CURIAM:

The judgment of conviction is affirmed.

We find the evidence sufficient on both counts.

On appeal, for the first time an objection is raised in behalf of Hernandez as to a search of his automobile after his arrest. This search did produce additional evidence. The objection, if it had merit, was waived below.

The renewed motion for bail is denied.

The motion to correct the probation report is denied. The appellant may now make a proper motion in the district court under Rule 35, Federal Rules of Criminal Procedure, and under such a motion the alleged inaccuracy of the probation report may be considered.

United States v. Simon Alex Hernandez, 434 F.2d 1316 (9th Cir. 1970).

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