Enrique Reyes Leyvas v. United States

Good Law
264 F.2d 272·1958 U.S. App. LEXIS 6120
United States Court of Appeals for the Ninth CircuitAugust 13, 195815700California2,995 words

Opinion

Opinion

Fee, J.

Appellants Enrique Reyes Leyvas, Rudolph Reyes Leyvas, Seferino Reyes Leyvas, Rudolph Angel Lara, Alex Perez De La Loza, Raul Castulo Nunez, Angel Jose Padilla, Gilbert Queseda and Lonnie Rodriguez were indicted together with some twenty-five other persons upon a charge of conspiracy to violate the narcotic laws ( 21 U.S.C.A. § 174 ) and upon various other counts charging some of them with receiving, concealing, transporting and selling heroin. Appellants were tried by a jury. Motion was made by their attorney that they be furnished, at government expense, with a daily typewritten transcript. This was refused by the court. Motions for acquittal and mistrial were made at the close of the case for the prosecution. Ten other defendants were acquitted by the court at this time. These motions were denied as to appellants and one other defendant, William Pablo Holmes. At the end of the case, the court denied motions of appellants for acquittal, but entered judgment of acquittal for Holmes. Appellants were found guilty. Judgment was entered, and each was sentenced. Each has appealed, and the appeals have been consolidated.

Appellants say that several diverse conspiracies were involved…

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