Legal Opinion

Bennie Ray Smith v. United States

Court of Appeals for the Ninth Circuit

Decided September 10, 1971No. 25316PublishedCited by 9 opinions

1Opinion of the Court

JAMESON, District Judge:

Bennie Ray Smith was convicted on two counts of selling and facilitating the sale of narcotics in violation of 21 U.S.C. § 174. The judgment of conviction was affirmed on appeal on February 26, 1968, 390 F.2d 401. On January 27, 1969 Smith filed a motion, pursuant to 28 U.S.C. § 2255, to vacate his sentence, contending that he was denied the effective assistance of counsel by reason of the failure of his trial counsel to present the defense of entrapment. 1 Following an evidentiary hearing, the motion was denied. This appeal followed.

On appeal from his conviction Smith…

2Cases cited10 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Sherman v. United StatesSupreme Court of the United States · 1958
  3. Reece v. GeorgiaSupreme Court of the United States · 1956
  4. Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
  5. Masciale v. United StatesSupreme Court of the United States · 1958

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3Cited by9 opinions

  1. Troy Cooper v. C. J. FitzharrisCourt of Appeals for the Ninth Circuit · 1978
  2. United States v. William Charles Grummel, Jr.Court of Appeals for the Ninth Circuit · 1976
  3. United States v. Velga Lisa ElksnisCourt of Appeals for the Ninth Circuit · 1975
  4. Danny Gene Fritchie v. D. J. McCarthy SuperintendentCourt of Appeals for the Ninth Circuit · 1981
  5. United States v. Eugene Bradford, United States of America v. John Edward JacksonCourt of Appeals for the Ninth Circuit · 1976

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