U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Oscar Hampton

U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 1970 · Barnes, Merrill, Carter

422 F.2d 867 (Federal Reporter, Second Series)

Counsel

James F. Hewitt (argued), San Francisco, Cal., for appellant., Jerrold Ladar (argued), John G. Milano, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. David C. Fraser (9th Cir. 1970)
United States v. Angel Jose Padilla (9th Cir. 1970)

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:

This is an appeal from a conviction and sentence for transporting, concealing and facilitating the transportation and concealment of heroin in violation of 21 U.S.C. § 174.

The material facts are undisputed. On January 22, 1969, an informant in San Francisco called someone in Los Angeles and ordered a quantity of heroin. At approximately 1:45 a. m on the morning .of January 23, appellant entered an apartment on Sutter Street (presumably occupied by the informant) and delivered a cellophane package. The package contained heroin, and appellant was arrested. At the trial no evidence was introduced to prove that the heroin was illegally imported, or, if it was, that appellant had knowledge of the illegal importation.

Appellant defends on the ground that 21 U.S.C. § 174 is unconstitutional. The same contention was recently rejected by the United States Supreme Court in Turner v. United States (January 20, 1970) 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610.

Affirmed.

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