United States v. Tony S. Hernandez, (Two Cases). United States of America v. Sergio T. Ramos

Case #73-1318. Tony S. Hernandez was convicted in a court trial on two felony counts in an indictment and appeals his convictions.

Case #73-1425 and #73-1426. Hernandez and Sergio T. Ramos were each convicted on two felony counts in another indictment tried before a jury. Hernandez appeals in #73-1425 and Ramos in #73-1426.

The four sentences imposed on Hernandez were all made to run concurrently, as were the sentences on the two counts under which Ramos was convicted.

The appeals were consolidated for argument.

Contentions

Hernandez makes four contentions. Ramos makes one contention — that the trial court refused to instruct, as requested by him, on the “procuring agent” theory. We summarily consider Hernandez’ contentions and consider more fully the contention of Ramos. We affirm all convictions.

Hernandez Appeals #73-1318 and #73-1425

(1) Without reciting the evidence in the first trial, we find it sufficient and find no error in the denial of the motion for judgment of acquittal. (#73-1318)

(2) The order of proof is not in question. We find the evidence of the first conspiracy was established by evidence independent of the evidence of which Hernandez…