United States v. Manoon Gulma, United States of America v. Sukit Apichattham

Good Law
563 F.2d 386·1977 U.S. App. LEXIS 11433
United States Court of Appeals for the Ninth CircuitSeptember 23, 197776-3188 and 76-3395California1,911 words

Opinion

Opinion

Kennedy, J.

Sukit Apichattham and Manoon Gulma, the appellants here, were each indicted on one count of conspiracy to distribute heroin, a violation of 21 U.S.C. § 846 , and on one count of possession of heroin with intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). Gulma was indicted on a third count for unlawfully carrying a firearm during the commission of a felony, but as to that matter the trial court granted a motion for acquittal before the case was submitted to the jury.

The jury found Apichattham guilty on both the conspiracy and the possession charges, and it found Gulma guilty on the conspiracy count only. On appeal, appellants argue principally that the trial court erred in denying their motions to suppress incriminating evidence. They also contend that they were prejudiced by the jury’s seeing exhibits in the courtroom that were not admitted in evidence, that there was insufficient evidence, and that the trial court erred in various rulings during the course of the proceedings. For the reasons set forth below, we reject the above contentions and affirm the convictions.

Apichattham and Gulma’s major contention on this appeal is that a quantity of heroin was discovered…

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