Rennia Wright v. United States

Appellant appeals from his conviction by a jury on three counts of a twelve count indictment. Three counts against appellant were dismissed — on six he was acquitted. The counts involve three alleged sales, concealments, or sales from an unstamped package of heroin, on May 12, May 19 and June 3, respectively, in the year 1964. ( 26 U.S.C. § 4704 (a) and § 4705(a); 21 U.S.C. § 174 .)

Five errors are charged on this appeal:

The short answer to the second and third points is that neither the gun nor the electronic recordings sought to be suppressed were introduced in evidence against appellant. Hernandez v. United States, 352 F.2d 240 (9th Cir. 1965).

The gun was seized by a city policeman accompanying the United States Marshal who was arresting appellant on a warrant. The gun was held by the Portland, Oregon Police Department, and is the basis of a state charge. We must, and do assume that the gun, if improperly seized, can and will be suppressed as evidence in the state court action. Cleary v. Bolger, 371 U.S. 392 , 83 S.Ct. 385 , 9 L.Ed.2d 390 (1962).

Appellant asks us to take official notice of the claimed fact the courts of the State of Oregon do not enforce the Constitution…