Az Din v. United States

(concurs).

I concur in Judge Denman’s opinion but I do not join in any implied' criticism of the remarks made by the Government attorney to the effect that he disbelieved defendant’s story about using the seeds for tea. I think that the quoted remarks fairly interpreted meant no more than the statement of the attorney that since defendant was-growing narcotic plants it was probable that the defendant was using the seeds for this purpose rather than for brewing tea. It is true that the trial court out of an appropriate abundance of caution instructed the jury that there was no evidence that defendant was a user of narcotics, but I do not believe the United States Attorney’s remarks could properly be construed to say that.

Az Din appeals from his convictions-in the United States District Court for the Northern District of California of wilfully producing opium poppies, 1 knowingly permitting the production of opium poppies on his property, 2 and obtaining opium poppy seed for the purpose of opium poppy production. 3 He *285 was sentenced to three years imprisonment and fined $500.00 on each count, the sentences to run concurrently. He contends that the convictions on all three counts should be set aside because of the use of evidence obtained by an illegal search and seizure and misconduct in the closing argument to the jury on the part of the Assistant United States Attorney. It is further argued that the convictions on the first two counts should be reversed because there is no proof that the poppies found growing on appellant’s property were opium poppies. Finally it is urged that the conviction on the third count should be reversed because the statute of limitations had run.

I. Alleged Errors Going To The Convictions On All Three Counts.

Appellant contends that evidence was used at his trial which was obtained by an illegal search and seizure. No motion was made to suppress this evidence…

232 F.2d 283 AZ DIN, Appellant, v. UNITED STATES of America, Appellee. No. 14752. United States Court of Appeals Ninth Circuit. March 2, 1956. Rehearing Denied May 11, 1956. Pierce & Brown, Fred Pierce, Benjamin H. Brown, Sacramento, Cal., Geis & Byrd, Duard F. Geis, Willows, Cal., for appellant. Lloyd H. Burke, U. S. Atty., San Francisco, Cal., James S. Eddy, Asst. U. S. Atty., Sacramento, Cal., for appellee. Before DENMAN, Chief Judge, and POPE and LEMMON, Circuit Judges. DENMAN, Chief Judge. 1 Az Din appeals from his convictions in the United States District Court for the Northern District of California of wilfully producing opium poppies, 1 knowingly permitting the production of opium poppies on his property, 2 and obtaining opium poppy seed for the purpose of opium poppy production. 3 He was sentenced to three years imprisonment and fined $500.00 on each count, the sentences to run concurrently. He contends that the convictions on all three counts should be set aside because of the use of evidence obtained by an illegal search and seizure and misconduct in the closing argument to the jury on the part of the Assistant United States Attorney. It is further argued that…