United States v. Artemio Arthur Angelini

Good Law
607 F.2d 1305·1979 U.S. App. LEXIS 10580
United States Court of Appeals for the Ninth CircuitNovember 9, 197978-2432California2,585 words

Opinion

Opinion

Thompson, J.

Appellant was convicted and sentenced under a single count indictment charging that from on or about January 17, 1977 until December 17, 1977, he did knowingly engage in the business of dealing with firearms without being licensed to do so in violation of 18 U.S.C. § 922 (a)(1).

Appellant’s brief, presumably responsive to the mandate of Rule 28 Fed.R.App.P. states the “issues presented for review” as follows: “I. Was defendant in this matter denied a fair trial by a combination of judicial error and prosecutorial misconduct? II. Is the evidence of two sales in an eleven and one-half month period of time insufficient to sustain a conviction as a matter of law?” Such generality in the statement of issues, or specification or assignments of error, can hardly be commended as even a bare compliance with the purpose and intent of Rule 28. As might be foreseen, such absence of analysis and direction was carried forward to the body of the brief in a confusing and disorganized attack upon the conduct of the prosecution and certain rulings of the trial judge. With the assistance of the government’s brief, the key claims of error have been ferreted out for consideration.

First it should be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.