U.S. Court of Appeals for the Ninth Circuit, 1951

Arzaga v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 1951 · Mathews, Pope, Fee

189 F.2d 256; 1951 U.S. App. LEXIS 3166 (Federal Reporter, Second Series)

Counsel

Celso Hernandez Arzaga, in propria persona, for appellant., Ernest A. Tolin, U. S. Atty., Walter S. Binns, Chief Asst. U. S. Atty., Ray H. Kinnison and Herschel E. Champlin, Asst. U. S. Attys., Los Angeles, Cal., for appel-lee.

Cases that cite this one

1 later published case cites this decision.

Manuel Chavez AKA Joe Paiz v. United States (9th Cir. 1967)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Arzaga was convicted on two counts, each charging a violation of 21 U.S.C.A. § 174, the first for importing opium from "Mexico, the second for concealing opium, knowing it to "have been imported. The Court imposed a sentence of three and one-half years on each count. Arzaga, after he had almost completed serving sentence of the first count, filed a petition for correction and modification of the sentence. This the District Judge denied. Appeal followed.

The conviction did not constitute double jeopardy. Shafer v. United States, 9 Cir., 179 F.2d 929. The crimes charged by the two counts are separate and distinct, since each count required proof of different elements than those required by the other. Palmero v. United States, 1 Cir., 112 F.2d 922. Affirmed.

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