Legal Opinion
United States v. Felipe Gutierrez
Court of Appeals for the Ninth Circuit
Decided April 1, 1993No. 90-50204PublishedCited by 27 opinions
1Opinion of the Court
RYMER, Circuit Judge:
Felipe Gutierrez was convicted of possession with intent to distribute approximately 243 grams of cocaine within 1000 feet of a school in violation of 21 U.S.C. §§ 841(a)(1) & 860 (formerly § 845a). Gutierrez appeals the district court’s failure to grant his motion to dismiss for selective prosecution, and its failure to instruct the jury on the lesser included offense of simple possession. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
I
On September 13, 1989, Los Angeles Police Department officers conducted a search of Pedro Calzada’s home, which was located…
2Cases cited28 opinions
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Wayte v. United StatesSupreme Court of the United States · 1985
- United States v. AguilarCourt of Appeals for the Ninth Circuit · 1989
23 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. William D. Davis, United States of America v. Curry James WilliamsCourt of Appeals for the Ninth Circuit · 1994
- United States v. Micky Joe Vaandering, United States of America v. Jeffrey Wayne McMillanCourt of Appeals for the Ninth Circuit · 1995
- United States v. BauerCourt of Appeals for the Ninth Circuit · 1996
- United States v. Theortres Parham, United States of America v. Thomas Charles Johnson, A/K/A T.C. JohnsonCourt of Appeals for the Eighth Circuit · 1994
- United States v. ArmstrongCourt of Appeals for the Ninth Circuit · 1995
22 more not listed; retrieve them via the Exa API.