Legal Opinion

United States v. Elijah Wallace Childs, United States of America v. John Thomas Childs

Court of Appeals for the Ninth Circuit

Decided March 23, 1972No. 71-2472, 71-2473PublishedCited by 7 opinions

1Per curiam

The only question requiring discussion on these appeals from convictions under 21 U.S.C. § 176a is whether, particularly in light of United States v. Carrion, 457 F.2d 200 (9th Cir. 1972), there was sufficient evidence to permit the jury to conclude that the marihuana had been unlawfully imported and that appellants knew that it had been unlawfully imported.

These elements of the offense may be established, of course, by circumstantial evidence. United States v. Oswald, 441 F.2d 44 (9th Cir. 1971); United States v. Elder, 425 F.2d 1002 (9th Cir. 1970).

The relevant events occurred in the…

2Cases cited4 opinions

  1. United States v. Roy Arthur NelsonCourt of Appeals for the Ninth Circuit · 1969
  2. United States v. John Vincent Oswald, John Paul Ahlstrom, Raymond Gene Bublitz, William Orme CochraneCourt of Appeals for the Ninth Circuit · 1971
  3. United States v. Anthony N. Carrion, United States of America v. Clifford Wade GuttersrudCourt of Appeals for the Ninth Circuit · 1972
  4. United States v. Ronald Lee Elder, United States of America v. Ernest Solorio Guerrero, United States of America v. David Allen DisbrowCourt of Appeals for the Ninth Circuit · 1970

3Cited by7 opinions

  1. United States v. KaplanCourt of Appeals for the Ninth Circuit · 1977
  2. United States v. FlickingerCourt of Appeals for the Ninth Circuit · 1978
  3. United States v. SeniCourt of Appeals for the Fourth Circuit · 1981
  4. United States v. Morris LealCourt of Appeals for the Ninth Circuit · 1975
  5. United States v. Daniel Newton Flickinger, United States of America v. John H. Munier, Jr., United States of America v. Robert William McLaughlin United States of America v. Stanley David HaydukCourt of Appeals for the Ninth Circuit · 1978

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