Legal Opinion

United States v. Jose Rafael Penagos

Court of Appeals for the Ninth Circuit

Decided July 29, 1987No. 85-5196PublishedCited by 156 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Jose Penagos appeals from convictions for 1) conspiracy to possess with intent to distribute narcotics, and 2) possession with intent to distribute narcotics. Viewed in the light most favorable to the government, evidence indicates that Penagos acted only as a passive bystander to drug transactions. Similarly, evidence does not indicate that Penagos had dominion or control over narcotics seized in drug raids or that he knew drugs were in the automobile in which he traveled. We reverse both convictions.

Standard of Review

Penagos (hereafter referred to as “defendant”)…

2Cases cited13 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. United States v. Victor Montano DislaCourt of Appeals for the Ninth Circuit · 1986
  3. United States v. Evelyn SotoCourt of Appeals for the Second Circuit · 1983
  4. United States v. Danilo Bautista Batimana and Jose Edgardo NogueraCourt of Appeals for the Ninth Circuit · 1980
  5. United States v. Bradford S. Taylor, United States of America v. Vincent Carmen PintoCourt of Appeals for the Ninth Circuit · 1986

8 more not listed; retrieve them via the Exa API.

3Cited by156 opinions

  1. United States v. Frank Kahled Burgos, United States of America v. Alexio Burnard GobernCourt of Appeals for the Fourth Circuit · 1996
  2. United States v. NevilsCourt of Appeals for the Ninth Circuit · 2010
  3. United States v. BakerCourt of Appeals for the Ninth Circuit · 1993
  4. United States v. Leo BishopCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La RentaCourt of Appeals for the Ninth Circuit · 1989

151 more not listed; retrieve them via the Exa API.

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