United States v. Leonard Lee Williams

Good Law
93 Daily Journal DAR 4443·990 F.2d 507·1993 WL 101915·1993 U.S. App. LEXIS 7298·93 Cal. Daily Op. Serv. 2604
United States Court of Appeals for the Ninth CircuitApril 8, 199391-50284California2,578 words

Opinion

Opinion

Nelson, J.

Defendant Leonard Lee Williams appeals his conviction for possession with intent to distribute PCP, in violation of 21 U.S.C. § 841 (a). He claims that he is entitled to a new trial based on (1) improper comments made by the prosecutor during rebuttal regarding the defense’s failure to call a witness; (2) erroneous jury instructions that possession of a substantial quantity of narcotics may establish knowing possession; and (3) lack of a unanimous jury verdict because a juror did not know she could change her vote when polled.

We have jurisdiction pursuant to 28 U.S.C. § 1292 and affirm Williams' conviction.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

While monitoring the Greyhound Bus Station, Los Angeles Police Detectives Daniel Mulrenin and Herbert Maples and DEA Special Agent Jim Jeffery observed Defendant Williams behaving in a suspicious manner: he appeared to be nervous, was making heavy eye contact with the passengers, and was looking around to see whether anyone was watching him. They saw Williams sit down on a bench, tightly clench the suitcase he was carrying between his legs, place his duffel bag a few feet away, and look around nervously.

Detective Mulrenin…

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