[Download] "Enrique Reyes Leyvas Et Al. v. United" by United States Court of Appeals Ninth Circuit. * Book PDF Kindle ePub Free

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• Title: Enrique Reyes Leyvas Et Al. v. United
• Author : United States Court of Appeals Ninth Circuit.
• Release Date : January 13, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Appellants Enrique Reyes Leyvas, Rudolph Reyes Leyvas, Seferino Reyes Leyvas, Rudolph Angel Lara, Alex Perez De La Loza, Raul
Castulo Nunez, Angel Jose Padilla, Gilbert Queseda and Lonnie Rodriguez were indicted together with some twenty-five other
persons upon a charge of conspiracy to violate the narcotic laws (21 U.S.C.A. § 174) and upon various other counts charging
some of them with receiving, concealing, transporting and selling heroin. Appellants were tried by a jury. Motion was made
by their attorney that they be furnished, at government expense, with a daily typewritten transcript. This was refused by
the court. Motions for acquittal and mistrial were made at the close of the case for the prosecution. Ten other defendants
were acquitted by the court at this time. These motions were denied as to appellants and one other defendant, William Pablo
Holmes. At the end of the case, the court denied motions of appellants for acquittal, but entered judgment of acquittal for
Holmes. Appellants were found guilty. Judgment was entered, and each was sentenced. Each has appealed, and the appeals have
been consolidated. Appellants say that several diverse conspiracies were involved and that these radiated from one central figure, as the spokes
from the hub of a wheel. This would be ground for reversing the judgment of conviction for conspiracy, if it were true. However,
the trial court exercised great care and circumspection to prevent trial of other issues not directly connected with the one
illegal combination of which each of appellants is shown to have been a willing and knowing participant. The trial court
severed transactions which might possibly have been considered independent transactions if viewed from a highly technical
standpoint. The court ordered acquittal of all defendants who did not have some direct connection with appellant Rudolph Reyes
Leyvas, who was the central figure of the conspiracy proved. The court struck all testimony relating to defendants acquitted
from the record, and gave not only precautionary instructions in that regard, but also was painstaking in repeated admonitions
to the jury to exclude from consideration evidence concerning the acquitted defendants. The latter had in general made purchases
of heroin from one Jose Ruiz, a conspirator who eventually testified for the government and who was shown to have been associated
in this criminal combination not only with Rudolph Reyes Leyvas, mentioned, but with almost every one of the other defendants.
The evidence thus stricken was competent against each of these conspirators, because, although the purchases from Jose Ruiz
did not happen in the presence of any of the other appellants, such testimony did show the nature and extent of the illegal
combination.

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