United States v. Johnson

Ninth Circuit Court of Appeals

Decided Sept. 4, 1970.

Ninth Circuit Court of Appeals · decided 1970-09-04

Cited by 1 later decisions — most recently September 1970

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-09-04

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¶1Robert H. Wagstaff (argued), Anchorage, Alaska, for appellants.

¶2A. Lee Petersen (argued), Asst. U.S. Atty., Douglas B. Baily, U. S. Atty., Anchorage, Alaska, for appellee.

¶3Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.

¶4PER CURIAM:

¶5This conspiracy conviction on a Mann Act charge requires that a trier of fact must conclude that a great list of telephone calls made among the defendants were in furtherance of the alleged conspiracy.

¶6It might be our guess that the calls were just that, but that is too weak to sustain a vital link in the proof.

¶7As a result of our determination, it is directed that the two defendants remaining incarcerated should be released now on their own recognizance.

¶8The judgments of conviction are reversed.