TaiLexi AI U.S. Case Law

United States v. Fernando Luis Clarillo

UNITED STATES of America, Plaintiff-Appellee, v. Fernando Luis CLARILLO, Defendant-Appellant

United States v. Clarillo, 446 F.2d 645 (9th Cir. 1971)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 3, 1971
Docket
No. 71-1569
Judges
Duniway, Hufstedler, Per Curiam, Wright
Citations
446 F.2d 6451971 U.S. App. LEXIS 8680

Opinion — Per Curiam

PER CURIAM:

Clarillo stands convicted on all counts of a three-count indictment charging him with conspiring to import, importing, and facilitating the transportation of nine ounces of heroin, all in violation of 21 U.S.C. § 174 . On appeal he challenges the sufficiency of the evidence to support his conviction.

Without detailing all of the evidence, we find it sufficient. Clarillo was implicated in the conspiracy by statements of his co-conspirator indicating that he was an active participant. Moreover, he was present when the heroin was delivered, physically received it and tested it for weight, and put it in his pocket. Viewing the evidence in the light most favorable to the government we hold that the trier of fact could reasonably conclude that appellant was guilty. United States v. Nelson, 9 Cir., 1969, 419 F.2d 1237, 1243-1245 . Appellant’s reliance on Nelson for the. “reasonable hypothesis other than guilt” test in reviewing the sufficiency of evidence to support criminal convictions is misplaced. That is precisely the test that Nelson rejected as “confusing and incorrect.”

Affirmed.

How later courts describe this case

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

1971: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. United States v. Harold Eugene Scurlock448 F.2d 721 (9th Cir. 1971)

Most recent

  1. United States v. Harold Eugene Scurlock448 F.2d 721 (9th Cir. 1971)

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 1

DepthCaseCited by
United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969) 197

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list