United States v. Durden

Ninth Circuit Court of Appeals

Decided May 3, 1972.

Ninth Circuit Court of Appeals · decided 1972-05-03

Cited by 3 later decisions — most recently February 1973

3 federal appellate ·

2 counsel of record

Relies on United States v. Hendricks

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1972-05-03

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¶1Bernard G. Winsberg, William Miller, Los Angeles, Cal., for appellants.

¶2 *319William D. Keller, U. S. Atty., Earl E. Boyd, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

¶3Before CHAMBERS and CHOY, Circuit Judges, and POWELL, District Judge.

¶4PER CURIAM:

¶5The judgments of conviction are affirmed in this cocaine ease.

¶6Lowe asserts entrapment as a matter of law. But we do not get to that when he does not admit to the acts charged. United States v. Hendricks, 456 F.2d 167, 9th Cir., 1972.

¶7We find no prejudicial conduct of the court. The instructions were adequate.

¶8The defendants may now move in trial court under Rule 35, Federal Rules of Criminal Procedure, for resentencing under the Drug Abuse, Prevention and Control Act, 1970.

¶9The mandate will issue now.