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459 F.2d 1029

Docket No. 72-1201.

United States v. Daniel

Ninth Circuit Court of Appeals

Decided May 5, 1972.

Ninth Circuit Court of Appeals · decided 1972-05-05

Cited by 11 later decisions — most recently April 1979

9 federal appellate · 1 state decisions

2 counsel of record

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Darden v. United States · United States v. Andrews

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-05-05

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¶1*1030John Politis, San Diego, Cal., for defendant-appellant.

¶2Harry D. Steward, U. S. Atty., Catherine A. Chandler, Stephen G. Nelson, Asst. U. S. Attys., San Diego, Cal., for plaintiff-appellee.

¶3Before HAMLEY, CHOY and GOODWIN, Circuit Judges.

¶4PER CURIAM:

¶5Wally Daniel was convicted for importing and possessing marijuana and amphetamines in violation of 21 U.S.C. §§ 841(a) (1), 952.

¶6Daniel argues that the evidence was insufficient to support the conviction. He contends that the only incriminating evidence was the uncorroborated testimony of an accomplice. There was ample corroboration of the evidence of the accomplice. Moreover, in this circuit, a conviction may rest on the uncorroborated testimony of an accomplice if the testimony is not incredible or unsubstantial on its face. United States v. Andrews, 455 F.2d 632 (9th Cir. 1972); Darden v. United States, 405 F.2d 1054 (9th Cir. 1969). The testimony of Daniel’s accomplice was neither incredible nor unsubstantial.

¶7Affirmed.

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