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United States v. David C. Fraser

UNITED STATES of America, Plaintiff-Appellee, v. David C. FRASER, Defendant-Appellant

United States v. Fraser, 431 F.2d 876 (9th Cir. 1970)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 28, 1970
Docket
No. 23571_1
Judges
Duniway, Carter, Thompson
Citations
431 F.2d 8761970 U.S. App. LEXIS 7530

Opinion — Per Curiam

PER CURIAM:

Fraser appeals from a judgment of conviction under three counts of a four count indictment based upon violations of 21 U.S.C. § 174 . Count one charged receiving, concealing and facilitating the concealment of heroin. Counts two and four charged two separate sales of heroin to a federal agent.

Fraser admitted doing the acts charged and claims that he was entrapped, as a matter of law. Our examination of the transcript convinces us that the evidence, including Fraser’s own testimony, amply sustains the government’s burden of proving that he was not entrapped.

The contention that the so-called presumption embodied in section 174 is unconstitutional is not available here. There was no jury, and there is evidence on the basis of which the court could find that the heroin was imported from Mexico by Fraser. Moreover, even if there were no such evidence, the presumption is valid. Turner v. United States, 1970, 396 U.S. 398 , 90 S.Ct. 642 , 24 L.Ed.2d 610 ; United States v. Hampton, 9 Cir., 1970, 422 F.2d 867 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 11972: 119702026peak 1970 · 1

Relies on it most ⓘ

  1. United States v. Michael Harling463 F.2d 923 (D.C. Cir. 1972)
  2. United States v. Angel Jose Padilla433 F.2d 962 (9th Cir. 1970)

Most recent

  1. United States v. Michael Harling463 F.2d 923 (D.C. Cir. 1972)
  2. United States v. Angel Jose Padilla433 F.2d 962 (9th Cir. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Turner v. United States, 396 U.S. 398 (1970) 941
United States v. Hampton, 422 F.2d 867 (9th Cir. 1970) 2

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