United States v. Frank Ruiz

Frank Ruiz appeals from his conviction of possessing a depressant or stimulant drug (22,000 amphetamine tablets) on September 3, 1969, in violation of section 301 (q) (3) of the Federal Food, Drug and Cosmetic Act, added by section 5 of the Drug Abuse Control Amendments of 1965, Pub.L.No.89-74, 79 Stat. 226 , 232 (count 7), and of selling and delivering the same drug to Walter Er-horn on the same day, in violation of section 301 (q) (2) of the same Act, added by section 5 of the 1965 Act (count eight).

On appeal, Ruiz first argues that the district court erred by summarily denying defendant a motion for a continuance, made at the outset of the trial, so that he could employ retained counsel to replace his then appointed counsel. Having in view all of the circumstances of this case, we do not believe the trial court abused its discretion in summarily denying this motion.

Defendant next argues that the evidence is insufficient to establish the possession charge set out in count 7. In our view, however, the evidence supporting the conviction on this count was adequate.

Defendant contends that there was no probable cause for his warrantless arrest or the subsequent warrantless…