Legal Opinion
United States of America, Cross-Appellant v. Mark I. Tebha, Cross-Appellee
Court of Appeals for the Ninth Circuit
Decided September 10, 1985No. 84-1029, 84-1126PublishedCited by 17 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Mark Tebha appeals his conviction for possession of heroin with intent to distribute. 21 U.S.C. § 841(a)(1) (1982). We reverse. The government cross-appeals, contending the trial court erred in refusing to impose a special parole term under 21 U.S.C. § 841(b)(1)(A) (1982). We agree that the district court erred in this regard.
I. FACTS AND PROCEEDINGS BELOW
In August 1983, two packages were mailed into the United States addressed to “John Smith,” at the address of Tebha’s store in Berkeley, California. The packages looked like rolled-up magazines and bore return…
2Cases cited19 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- United States v. Richard Virgil Bibbero, Jr., United States of America v. James Paul MarshallCourt of Appeals for the Ninth Circuit · 1984
- United States v. Mary Josephine VasquezCourt of Appeals for the Ninth Circuit · 1979
- Gibson v. ClanonCourt of Appeals for the Ninth Circuit · 1980
- United States v. James ("Jake") Rohrer, United States of America v. John BumpCourt of Appeals for the Ninth Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Narcisa SavinovichCourt of Appeals for the Ninth Circuit · 1988
- George Lee Hughes v. R.G. BorgCourt of Appeals for the Ninth Circuit · 1990
- United States v. Andes-Mar Pereira BarbosaCourt of Appeals for the Ninth Circuit · 1990
- United States v. Douglas RiveraCourt of Appeals for the Seventh Circuit · 1987
- United States v. PowellCourt of Appeals for the Tenth Circuit · 1992
12 more not listed; retrieve them via the Exa API.