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

United States of America, and v. Delano B. Kelley, And

United States of America, and v. Delano B. Kelley, And
U.S. Court of Appeals for the Ninth Circuit · Decided August 3, 1970 · Chambers, Trask, Jameson
426 F.2d 296 (Federal Reporter, Second Series)

United States of America, and v. Delano B. Kelley, And

Opinion

PER CURIAM:

The judgment of conviction in this narcotics case is affirmed.

There was a conviction by a jury on two heroin counts and one on cocaine. If the cocaine count stood alone, Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed. 610, would require a reversal.

As to the heroin counts, there are contentions of inadequate representation of counsel, objections to admission of allegedly hearsay testimony, and now an exception is taken to a jury instruction on possession.

The possession instruction actually was favorable to Kelley. We find that the representation was reasonably competent and not a sham.

The hearsay was admitted for a very limited purpose to show “setting” and *297 the jury was carefully cautioned as to its use. There was no such caution sounded in Sanchez v. United States, 8 Cir., 293 F.2d 260, which appellant heavily relies upon.

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