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435 F.2d 1312

Docket No. 26058.

United States v. Johnson

Ninth Circuit Court of Appeals

Decided Jan. 14, 1971.

Ninth Circuit Court of Appeals · decided 1971-01-14

Cited by 5 later decisions — most recently July 1997

5 federal appellate ·

2 counsel of record

Relies on Swain v. State of Alabama · Turner v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-01-14

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¶1Rush Glick (argued), San Diego, Cal., for appellant.

¶2Harry D. Steward, U. S. Atty., Joseph A. Milchen, Asst. U. S. Atty., San Diego, Cal., for appellee.

¶3Before CHAMBERS, DUNIWAY and TRASK, Circuit Judges.

¶4*1313PER CURIAM:

¶5The judgment of conviction is affirmed.

¶6There was sufficient evidence on the heroin count (the one seriously contested) to permit the case to go to the jury. We do not find that the presumption allowed by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, was used.

¶7The point about no members of appellant’s race being on the jury falls under Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, because there was no tender of a showing that such members were systematically excluded.

¶8The testimony about association with another charged with a crime we find harmless, if it was improperly admitted.

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