Legal Opinion
United States v. Lamartine Nazien, Lelio Saintil and Reynald Morelus
Court of Appeals for the Fifth Circuit
Decided March 3, 1975No. 74-1154PublishedCited by 16 opinions
1Opinion of the Court
BELL, Circuit Judge:
The sole assignment of error in this marijuana possession with intent to distribute case, 21 U.S.C.A. § 841(a)(1), is that the evidence was insufficient to warrant the convictions.
Appellants rely on the case of Vick v. United States, 5 Cir., 1954, 216 F.2d 228. There we held that the presence near an illegal distillery of one who could have been a hunter (in possession of a shotgun), coupled with flight, without more, was insufficient to warrant conviction. We stated that to sustain conviction in a circumstantial evidence case, the inferences reasonably to be drawn from…
2Cases cited7 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Holland v. United StatesSupreme Court of the United States · 1955
- Earl E. Vick v. United StatesCourt of Appeals for the Fifth Circuit · 1954
- United States v. Lewis BlackCourt of Appeals for the Fifth Circuit · 1974
- United States v. Obadiah StephensonCourt of Appeals for the Fifth Circuit · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Edward Rodriguez, A/K/A Rick, Thomas J. Albernaz, Peter Smigowski, and William John MartinsCourt of Appeals for the Fifth Circuit · 1978
- United States v. Gerald Rojas, Sr.Court of Appeals for the Fifth Circuit · 1976
- United States v. Robert B. Bland, Inocente Ruben-Morell, Florencio Agustin-Mayor, Augustin Viviano Castro, Alberto Mark and Lorenzo ArosCourt of Appeals for the Fifth Circuit · 1981
- United States v. David CaroCourt of Appeals for the Fifth Circuit · 1978
- United States v. Andrew Lange, D/B/A Lange Construction CompanyCourt of Appeals for the Fifth Circuit · 1976
11 more not listed; retrieve them via the Exa API.