Isaac Bud Wilson v. United States

Good Law
313 F.2d 317
United States Court of Appeals for the Ninth CircuitMarch 12, 196318154_1California627 words

Opinion

Opinion

Appellant was charged in nine counts with violations of the narcotic laws of the United States on three occasions. Counts I, IV and VII charged three sales of narcotics not in the original stamped packages, 26 U.S.C. § 4704 (a); Counts II, V and VIII charged three sales without written orders, 26 U.S.C. § 4705 (a), and Counts III, VI and IX charged the three sales of unlawfully imported narcotics.

A jury found appellant guilty of Counts I to III, inclusive, and Counts VII to IX, inclusive, and not guilty of Counts IV, V and VI. Appellant was sentenced to a ten year sentence on each count, all six ten-year terms to run concurrently.

Thus, if the conviction on any of the counts is good, the sentence must be affirmed.

Appellant has filed his own brief in propria persona, and a brief has been filed on his behalf by appointed counsel. Four points are made:

1. Error in admitting hearsay statements.

2. Entrapment existed as a matter of law.

3. There was insufficient evidence to convict, as a matter of law.

4. 26 U.S.C. § 4705 (a) is unconstitutional, as compelling a person to be a witness against himself.

We point out that 26 U.S.C. § 4705 (a) requires the purchaser of the…

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