United States of America, Plaintiff-appellee, v. Robert L. Hood, Defendant-appellant, 443 F.2d 380 (9th Cir. 1971)

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U.S. Court of Appeals for the Ninth Circuit - 443 F.2d 380 (9th Cir. 1971) June 16, 1971

Appeal from the United States District Court, Central District of California; Harry Pregerson, Judge.

Harvey E. Byron, Sanford A. Warner, Los Angeles, Cal., for appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Thomas E. Kotoske, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING, CARTER and HUFSTEDLER, Circuit Judges.


Appellant was convicted by a jury and sentenced for possessing amphetamine tablets, in violation of 21 U.S.C. § 331 (q) (3), and selling those tablets, in violation of § 331(q) (2). On appeal, he contends that the evidence was insufficient to establish (1) that he possessed the tablets, (2) that he sold the tablets, and (3) that he was a member of a common scheme so that incriminating statements of confederates were admissible against him. We have reviewed the evidence and concluded that it was in all respects sufficient.

The judgment is affirmed.