Beatrice Martinez Delgado & Gilbert Hernandez Rodriguez v. United States, 327 F.2d 641 (9th Cir. 1964). · Go Syfert
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Beatrice Martinez Delgado & Gilbert Hernandez Rodriguez v. United States, 327 F.2d 641 (9th Cir. 1964). Cases Citing This Book View Copy Cite
78 citation events (11 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Martin Murillo-Barriga (ca9, 2014-09-15)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Martin Murillo-Barriga (2×)
9th Cir. · 2014 · confidence medium
See United States v. Cazares, 121 F.3d 1241, 1245-46 (9th Cir.1997) (no exclusive control over residence defendant shared with several others); United States v. Reese, 775 F.2d 1066, 1074 (9th Cir.1985) (no exclusive control over residence the defendant jointly occupied with his wife); Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir.1964) (no exclusive control over a bedroom the defendant shared with his wife).
discussed Cited as authority (rule) United States v. Carlos Javier Lopez
9th Cir. · 2007 · signal: cf. · confidence medium
Cf. Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (finding evidence insufficient to establish possession by either of two "common law” spouses residing in the same home when officers found drugs in a night stand because evidence did not provide a rational basis for resolving the doubts as to whether one alone or both had possession). 14 .
discussed Cited as authority (rule) United States v. Timothy D. Scott
7th Cir. · 1998 · confidence medium
See United States v.. Walker, 99 F.3d 439, 431 (D.C.Cir.1996); United States v. Thorne, 997 F.2d 1504, 1512 (D.C.Cir.1993); cf. United States v. DiNovo, 523 F.2d 197, 201-02 (7th Cir.1975) (holding residence and knowledge of contraband insufficient where wife of drug dealer not in immediate area where heroin discovered); Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (holding constructive possession requires evidence of knowledge in addition to occupancy); United States v. Megerson, 4 F.3d 337, 348 (5th Cir.1993) (collecting cases on requirements for constructive possession in join…
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph E. Perez; And John Velasco Cruz, Defendants-Appellants
9th Cir. · 1995 · confidence medium
United States v. Frushon, 10 F.3d 663, 665 (9th Cir.1993) (quoting Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964)), cert. denied, 114 S.Ct. 2175 , 128 L.Ed.2d 895 (1994).
discussed Cited as authority (rule) United States v. Timothy W. Murphy
9th Cir. · 1995 · confidence medium
See, e.g., id. at 550-51 ; United States v. Ocampo, 937 F.2d 485, 488-89 (9th Cir.1991); United States v. Reese, 775 F.2d 1066, 1073 (9th Cir.1985); Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir.1964). 5 Murphy's judgment of conviction is VACATED and the case is REMANDED to the district court for entry of a judgment of acquittal, with instructions that Murphy be released forthwith.
discussed Cited as authority (rule) United States v. Eugene Earl
9th Cir. · 1994 · confidence medium
See, e.g., United States v. Ramirez, 880 F.2d 236, 238 (9th Cir.1989) (evidence that defendant was *426 cocaine user in house where large amounts of cash and cocaine were easily accessible, that defendant had spent night in bedroom with ledger of drug transactions, and that defendant “was apprehended while emerging from bathroom that contained both cocaine and heroin and materials used in drug distributions was insufficient,” even collectively, to establish constructive possession); Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir.1964) (drugs found in drawer of the nightstand in a …
discussed Cited as authority (rule) United States v. Christopher Frushon, United States of America v. Christopher Frushon (2×)
9th Cir. · 1993 · confidence medium
Frushon contends that "[f]or almost 30 years this Court has held that joint occupancy of a residence is not enough to show possession." Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (drugs found in drawer of the nightstand in a residence shared by defendant and man she was living with not proved to have been possessed by defendant). 6 The principles set out by Frushon are incontestable, and the cases he cites are still valid.
discussed Cited as authority (rule) United States v. Rene Frances D. (Juvenile)
9th Cir. · 1992 · confidence medium
See United States v. Rodriguez, 761 F.2d 1339, 1341 (9th Cir.1985) (presence in room and ability to observe contraband was insufficient to show possession); United States v. Valenzuela, 596 F.2d 824, 830-31 (9th Cir.), cert. denied, 441 U.S. 965 (1979) (proof of joint occupancy of home was insufficient to show defendant had dominion and control of drugs found in garage); Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (no possession where no evidence linked defendant to marijuana found in room regularly used by defendant); see also United States v. Jose Luis L., No. 92-10030, slip o…
discussed Cited as authority (rule) United States v. Hector Jesus Hernandez, Aka: Mauricio Solis, United States of America v. Jorge Walter Cardona
9th Cir. · 1989 · confidence medium
See, e.g., United States v. Behanna, 814 F.2d 1318, 1320 (9th Cir.1987); United States v. Rodriguez, 761 F.2d 1339, 1341 (9th Cir.1985); Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964); see also Castillo, 866 F.2d at 1086-88 (collecting cases).
cited Cited as authority (rule) State v. Burnside
Idaho Ct. App. · 1989 · confidence medium
“It is fundamental to our system of criminal law that guilt is individual.” Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964).
discussed Cited as authority (rule) United States v. Barbara Behanna and William Galemoor
9th Cir. · 1987 · confidence medium
See United States v. Valenzuela, 596 F.2d 824, 830-31 (9th Cir.), cert. denied, 441 U.S. 965 , 99 S.Ct. 2415 , 60 L.Ed.2d 1071 (1979); Williams, 418 F.2d 159, 162-63 ; Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964).
discussed Cited as authority (rule) State v. Vinton
Idaho Ct. App. · 1986 · confidence medium
As indicated in Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964), “[I]t is fundamental to our system of criminal law that guilt is individual.” See also United States v. Reese, 775 F.2d 1066 (9th Cir.1985); United States v. Sutton, 312 F.Supp. 969 (D.Ariz.1970).
discussed Cited as authority (rule) United States v. Dennis Rodriguez and Jennifer West
9th Cir. · 1985 · confidence medium
See United States v. Valenzuela, 596 F.2d 824, 830-31 (9th Cir.), cert. denied, 441 U.S. 965 , 99 S.Ct. 2415 , 60 L.Ed.2d 1071 (1979); Williams, 418 F.2d 159, 162-63 ; Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964).
discussed Cited as authority (rule) United States v. Wilson
M.D. Tenn. · 1985 · confidence medium
In this regard, “ * * * possession of [a] residence is insufficient to establish possession of all the contents of the house * * United States v. Craven, 478 F.2d 1329, 1333-1334 [7] (6th Cir.1973), cert. den., 414 U.S. 866 , 94 S.Ct. 54 , 38 L.Ed.2d 85 (1973), reh. den., 414 U.S. 1086 , 94 S.Ct. 606 , 38 L.Ed.2d 491 (1973); contra: United States v. Apker, 705 F.2d 293, 309 [17] (8th Cir.1983), cert. den., 465 U.S. 1005 , 104 S.Ct. 996 , 79 L.Ed.2d 229 (1984); see also and cf. as contra: United States v. Alverson, 666 F.2d 341, 345 [2] (9th Cir.1982), and United States v. Smith, 591 F.2d 110…
cited Cited as authority (rule) State v. LaRue
Vt. · 1980 · confidence medium
State v. Carter, 138 Vt. 264 , 415 A.2d 185 (1980); Delgado v. United States, 327 F.2d 641, 642 (9th Cir. 1964).
discussed Cited "see" United States v. Jose Luis L.
9th Cir. · 1992 · signal: see · confidence high
See Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir.1964) (no evidence of individual’s possession of marijuana where the marijuana was found in a nightstand in the bedroom where both the defendant and his common law spouse slept).
discussed Cited "see" United States v. Ramos
S.D.N.Y. · 1968 · signal: see · confidence high
See Delgado v. United States, 327 F.2d 641 (9th Cir. 1964); United States v. Contrades, 196 F.Supp. 803, 807 (D.Hawaii 1961); People v. Antista, 129 Cal.App.2d 47 , 276 P.2d 177 (Dist.Ct. of Appeal 1954); cf. Gonzales v. United States, 301 F.2d 31 (9th Cir. 1962); Guevara v. United States, 242 F.2d 745 (5th Cir. 1957); compare United States v. Berry, 362 F.2d 756 (2d Cir. 1966); Travis v. United States, 362 F.2d 477 (9th Cir.), cert. denied, 385 U.S. 885 , 87 S.Ct. 179 , 17 L.Ed.2d 113 (1966); Ortiz v. United States, 329 F.2d 381 (5th Cir.), cert. denied, 379 U.S. 849 , 85 S.Ct. 92 , 13 L.Ed.2…
discussed Cited "see, e.g." United States v. Raymond Duenas, Jr.
9th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (marijuana found in night-stand in defendant couple’s shared bedroom did not, standing alone, establish that either individual had possession).
discussed Cited "see, e.g." United States v. Lopez
9th Cir. · 2007 · signal: see also · confidence medium
Intent to distribute [4] Where there is “other evidence of a plan or intent to distrib- 12 United States v. Grayson, 597 F.2d 1225, 1229 (9th Cir. 1979) (cita- tion omitted); see also United States v. Jose Luis L., 978 F.2d 543, 545 (9th Cir. 1992) (finding that defendant’s proximity to a marijuana cache did not establish possession because the defendant provided a plausible explanation that his presence in the desert where the drugs were found was for the sole purpose of attempting to cross the border). 13 Cf. Delgado v. United States, 327 F.2d 641, 642 (9th Cir. 1964) (find- ing evidence…
discussed Cited "see, e.g." United States v. Young
9th Cir. · 2005 · signal: see also · confidence medium
However, where “a residence is jointly occupied, the mere fact that con- traband is discovered at the residence will not, without more, provide evidence sufficient to support a conviction based on constructive possession against any of the occupants.” United States v. Reese, 775 F.2d 1066, 1073 (9th Cir. 1985); see also Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir. 1964). [2] It is undisputed that both Young and his girlfriend lived at the residence in the months leading up to the search.
discussed Cited "see, e.g." United States v. William George Young
9th Cir. · 2005 · signal: see also · confidence medium
However, where “a residence is jointly occupied, the mere fact that contraband is discovered at the residence will not, without more, provide evidence sufficient to support a conviction based on constructive possession against any of the occupants.” United States v. Reese, 775 F.2d 1066, 1073 (9th Cir.1985); see also Delgado v. United States, 327 F.2d 641, 641-42 (9th Cir.1964).
discussed Cited "see, e.g." United States v. Amelia Barajas-Montiel
9th Cir. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (marijuana cigarettes found in night-stand of couple does not establish whether either person alone or both together had possession, and therefore convictions of both reversed).
discussed Cited "see, e.g." United States v. Emiliano Cruz-Ventura
9th Cir. · 1992 · signal: see also · confidence medium
See United States v. Kelso, 942 F.2d 680, 682 (9th Cir.1991); see also Delgado v. United States, 327 F.2d 641, 642 (9th Cir.1964) (evidence of possession of marijuana found in a nightstand at the foot of co-defendants’ bed was insufficient to convict either.co-defendant because it was "pure speculation” as to which defendant had possession).
discussed Cited "see, e.g." United States v. Manuel Valenzuela, United States of America v. Alonso Lizarraga, United States of America v. Bernardina Lizarraga, United States of America v. Mary Elizabeth Corley
9th Cir. · 1979 · signal: see also · confidence low
See also Delgado v. United States, 327 F.2d 641 (9th Cir. 1964) (where marijuana was discovered in shared bedroom, convictions were reversed for failure to establish possession by each or either occupant). 25 The second item of evidence relied upon by the government is the fact that Bernardina attempted to push the door shut when the officers came to execute the warrant.
discussed Cited "see, e.g." United States v. Valenzuela
9th Cir. · 1979 · signal: see also · confidence low
See also Delgado v. United States, 327 F.2d 641 (9th Cir. 1964) (where marijuana was discovered in shared bedroom, convictions were reversed for failure to establish possession by each or either occupant).
Retrieving the full opinion text from the archive…
Beatrice Martinez DELGADO and Gilbert Hernandez Rodriguez, Appellants,
v.
UNITED STATES of America, Appellee
18880_1.
Court of Appeals for the Ninth Circuit.
Jan 16, 1964.
327 F.2d 641
Wm. Bryan Osborne, Los Angeles, Cal., for appellants., Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Crim. Section, and William D. Keller, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Chambers, Hamley, Duniway.
Cited by 64 opinions  |  Published
DUNIWAY, Circuit Judge.

Rodriguez and Delgado were each convicted under counts 8 and 9 of an indictment. Separate judgments were entered against each, and each appeals. The charge was violation of 21 U.S.C. § 176a, in receiving, concealing and facilitating transportation and concealment of marijuana, which they knew had been imported into the United States contrary to law. We are of the opinion that the evidence was insufficient to sustain an essential element of the offense, possession, upon which alone the government relied. (See second paragraph of section 176a).

Stated most favorably to the government, the evidence shows the following: Rodriguez and Delgado were living together as “common law” spouses (which is merely inaccurate shorthand for being unmarried but living as if married), with their two children, at 910 Boyle Street, Los Angeles. With the consent of one of them, [1] the premises were searched. The bedroom which they occupied contained a double bed, a dresser, a TV set, and, at the foot of the bed, a night stand. There was also a closet, and in it the officers found a tan purse containing $150. Miss Delgado said it was hers. In the right top drawer of the dresser, they found another purse, containing $500. Miss Delgado said it was hers. She said she had saved part of the money “from her unemployment,” and her “husband” had given her part of it, and “she had worked some.” In a drawer of the night stand, the officers found seven marijuana cigarettes (count 9), and a small quantity of loose marijuana inside a folded newspaper (count 8). Miss Delgado declined[*642] to answer a question as to whether the marijuana belonged to her. Also in the night stand were pocket books (paperbacks).

It is fundamental to our system of criminal law that guilt is individual. Here, that means that there must be sufficient evidence to support a finding, as to each defendant, that he or she had possession of the marijuana. Possession can be joint as well as several, “constructive” as well as “actual.” It must also be knowing. But here it is pure speculation as to whether Rodriguez alone, or Delgado alone, or both of them, had possession. No doubt one of them did; perhaps both did. But proof that does not give a rational basis for resolving the doubts necessarily present in the situation pictured to the jury in this case is not sufficient. (See Evans v. United States, 9 Cir., 1958, 257 F.2d 121; Williams v. United States, 9 Cir., 1961, 290 F.2d 451; Arellanes v. United States, 9 Cir., 1962, 302 F.2d 603).

The judgments are reversed.

1

. It is claimed that the search was unlawful, and that no actual consent was given. We do not reach these questions.