Peter Young v. United States

Good Law
286 F.2d 13·1960 U.S. App. LEXIS 2921
United States Court of Appeals for the Ninth CircuitDecember 28, 196015754California1,481 words

Opinion

Opinion

Hamlin, J.

Peter Young, appellant herein, was convicted by a jury in the District Court of the United States for the Southern District of California, Central Division, on four counts in an indictment charging violations of 21 U.S.C.A. § 176a. His case was heard and tried with United States v. Mejia. In counts 1 and 3 of the indictment, appellant was charged with unlawful sales of marijuana on February 1 and February 2, 1957; and in counts 2 and 4 he was charged with unlawful concealment and transportation of marijuana on February 4 and February 20, 1957.

The district judge sentenced him to a term of imprisonment aggregating fifty years. From the judgment of imprisonment appellant filed this appeal. Jurisdiction of this court is founded upon 28 U.S.C.A. § 1291 .

In his testimony appellant admitted that he did the specific acts charged against him in the indictment. His defense was based upon alleged unlawful entrapment.

The specification of errors relied upon by appellant are (1) that the' district court erred in not granting his motion for a judgment of acquittal in that the evidence of the government witnesses proved as a matter of law that appellant was unlawfully entrapped, and (2)…

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