Legal Opinion

United States of America, and v. Luis Kaiser Peyton, United States of America, and v. Jose Agusto Marin

Court of Appeals for the Ninth Circuit

Decided March 2, 1972No. 71-1740, 71-2157PublishedCited by 7 opinions

1Per curiam

The judgments of conviction as to each defendant and as to each count are affirmed.

The counts involved the transportation of aliens, 8 U.S.C. § 1324.

A question of sufficiency of the evidence as to each defendant is raised. We find the evidence adequate.

The evidence showed that Marin launched the enterprise and Peyton carried it out. One Madden, later a government witness, was the intermediary.

Counsel seems to make the invalid assumption that the defendants had to be believed. This is simply not so. Also, the trier of fact could have drawn affirmative inferences of knowledge and intent from…

2Cases cited1 opinion

  1. United States v. Manuel Mendez-RodriguezCourt of Appeals for the Ninth Circuit · 1971

3Cited by7 opinions

  1. United States v. Donald Anderson and Jack SmithCourt of Appeals for the Ninth Circuit · 1976
  2. United States v. Frank Paul Castro and Nena CastroCourt of Appeals for the Ninth Circuit · 1973
  3. United States v. Antonio Hernandez-GonzalezCourt of Appeals for the Ninth Circuit · 1979
  4. United States v. Robert Verduzco-Macias, United States of America v. Edwin Lloyd CortelyouCourt of Appeals for the Ninth Circuit · 1972
  5. United States v. Ricardo Valenzuela-BernalCourt of Appeals for the Ninth Circuit · 1981

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