United States v. Jorge Palacio

UNITED STATES of America, Plaintiff-Appellee, v. Jorge PALACIO Et Al., Defendants-Appellants

United States v. Palacio, 477 F.2d 560 (5th Cir. 1973)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: April 27, 1973
Docket: No. 72-3393
Judges: Bell, Godbold, In-Graham, Per Curiam
Citations: 477 F.2d 560

Opinion — Per Curiam

PER CURIAM:

The appellants here were involved in the alleged importation by boat into the United States through Miami, Florida, of approximately 3,625 pounds of marijuana. Their appeal is joint although each has separate counsel.

Appellant Perez was convicted under 21 U.S.C.A., § 963 of conspiring to violate Title 21 U.S.C.A., § 952 (a); and also on the substantive charge of illegal importation of marijuana in violation of Title 21 U.S.C.A., § 952 (a). The evidence was sufficient as to each of the counts. There is no merit in the claim that the jury system in the United States District Court for the Southern District of Florida is unconstitutional. United States v. Pentado, 5 Cir., 1972, 463 F.2d 355 ; United States v. Blair, 5 Cir., 1972, 470 F.2d 331 ; United States v. Gooding, 5 Cir., 1973, 473 F.2d 425 . Nor is there merit in the additional claim that the trial court abused its discretion in allowing the jury to separate after having begun its deliberation. Tyler v. United States, 5 Cir., 1968, 397 F.2d 565 .

Appellant Palacio was convicted on the conspiracy count in connection with the same marijuana transaction. His assignments of error are precisely those of Perez and are likewise without merit.

Cardenas appeals from his plea of guilty to possessing marijuna in violation of 21 U.S.C.A. § 841 (a)(1), on the single ground that the statute is unconstitutional. This ground is without merit. United States v. Lopez and Llerena, 5 Cir., 1972, 459 F.2d 949 ; United States v. Mather, 5 Cir., 1972, 465 F.2d 1035 .

The convictions are Affirmed.

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Cited by 5 cases

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Relies on it most ⓘ

United States v. William E. Owen, Jr., Frederick Morse Allen, Joseph G. Scata, and Juliusgrossman492 F.2d 1100 (5th Cir. 1974)
United States v. Kirkland Russ Perry480 F.2d 147 (5th Cir. 1973)
Johnson v. State2004 OK CR 23, 93 P.3d 41
People v. Ritzert308 N.E.2d 636 (Ill. App. Ct. 1974)
United States v. Ricardo619 F.2d 1124 (5th Cir. 1980)

Most recent

Johnson v. State2004 OK CR 23, 93 P.3d 41
United States v. Ricardo619 F.2d 1124 (5th Cir. 1980)
United States v. William E. Owen, Jr., Frederick Morse Allen, Joseph G. Scata, and Juliusgrossman492 F.2d 1100 (5th Cir. 1974)
People v. Ritzert308 N.E.2d 636 (Ill. App. Ct. 1974)
United States v. Kirkland Russ Perry480 F.2d 147 (5th Cir. 1973)

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 6

Depth	Case	Cited by
	United States v. Lopez, 459 F.2d 949 (5th Cir. 1972)	66
	United States v. Blair, 470 F.2d 331 (5th Cir. 1973)	65
	United States v. Pentado, 463 F.2d 355 (5th Cir. 1972)	59
	United States v. Mather, 465 F.2d 1035 (5th Cir. 1972)	45
	United States v. Gooding, 473 F.2d 425 (5th Cir. 1973)	43
	Tyler v. United States, 397 F.2d 565 (5th Cir. 1968)	17

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