United States of Am., & v. William Earl Johnston, 440 F.2d 389 (9th Cir. 1971). · Go Syfert
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United States of Am., & v. William Earl Johnston, 440 F.2d 389 (9th Cir. 1971). Cases Citing This Book View Copy Cite
27 citation events across 9 distinct courts.
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Juan A. Benavidez-Benavidez
9th Cir. · 2000 · confidence medium
See, e.g., United States v. Givens, 767 F.2d 574, 585-86 (9th Cir.1985); United States v. Johnson, 735 F.2d 1200, 1203 (9th Cir.1984); United States v. Falsia, 724 F.2d 1339 , 1341— 42 (9th Cir.1983); United States v. Ferris, 719 F.2d 1405, 1408 (9th Cir.1983); United States v. Eden, 659 F.2d 1376, 1382 (9th Cir.1981); United States v. Glover, 596 F.2d 857, 867 (9th Cir.1979); United States v. McIntyre, 582 F.2d 1221, 1226 (9th Cir.1978); United States v. Radlick, 581 F.2d 225, 229 (9th Cir.1978); United States v. Benveniste, 564 F.2d 335, 338-39 (9th Cir.1977); United States v. Flores, 540 …
discussed Cited as authority (rule) Sinistaj v. Burt
E.D. Mich. · 1994 · confidence medium
United States v. Sadrzadeh, 440 F.2d 389, 390 (9th Cir.), cert. denied, 404 U.S. 850 , 92 S.Ct. 84 , 30 L.Ed.2d 88 (1971), (ruling a motion to withdraw waiver of jury trial after government rested its ease was untimely); State v. Frohner, 150 Ohio St. 53 , 80 N.E.2d 868 (1948) (holding that a motion to withdraw waiver of jury trial after sentencing was untimely).
discussed Cited as authority (rule) Robert J. Brown v. John F. Darcy, A/K/A Jack Darcy, an Individual Ducommun, Inc., a Corporation (2×)
9th Cir. · 1986 · confidence medium
Givens, 767 F.2d at 585-86 ; United States v. Johnson, 735 F.2d 1200, 1203 (9th Cir.1984); United States v. Falsia, 724 F.2d 1339, 1341-42 (9th Cir.1983); United States v. Ferris, 719 F.2d 1405, 1408 (9th Cir.1983); United States v. Eden, 659 F.2d 1376, 1382 (9th Cir.1981) (trial court did not err in refusing to compel presentation of exculpatory polygraph evidence before grand jury), cert. denied, 455 U.S. 949 , 102 S.Ct. 1450 , 71 L.Ed.2d 663 (1982); United States v. Glover, 596 F.2d 857, 867 (9th Cir.), cert. denied, 444 U.S. 860 , 100 S.Ct. 124 , 62 L.Ed.2d 81 (1979); United States v. McIn…
discussed Cited as authority (rule) United States of America, and v. Lindsay Martell, and United States of America, and v. Joseph Minneci, And (2×)
9th Cir. · 1981 · confidence medium
See United States v. Chadwick, 433 U.S. 1, 10 , 97 S.Ct. 2476, 2482 , 53 L.Ed.2d 538 (1977) (citing Van Leeuwen as holding that a search warrant was necessary to open two packages); Doe v. Bolton, 410 U.S. 179, 211 , 93 S.Ct. 739, 757 , 35 L.Ed.2d 201 (1973) (Douglas, J. concurring) (citing his Van Leeuwen opinion for the proposition that the first amendment protects the privacy of first class mail); United States v. Choate, 576 F.2d 165, 176 (9th Cir. 1978) (citing Van Leeuwen as support for holding that use of a mail cover, in which information on the outside of an envelope is used, was not …
discussed Cited as authority (rule) United States v. Marshall
9th Cir. · 1975 · confidence medium
Id.; United States v. Alvarez, supra, 472 F.2d at 113 ; United States v. De Betham, supra, 470 F.2d at 1368 ; United States v. Salazar-Gaeta, 447 F.2d 468, 469 (9th Cir. 1971); United States v. Sadrzadeh, 440 F.2d 389, 390 (9th Cir.), cert. denied, 404 U.S. 850 , 92 S.Ct. 84 , 30 L.Ed.2d 88 (1971).
discussed Cited as authority (rule) United States v. Frank Colacurcio
9th Cir. · 1974 · confidence medium
In sum, and as succinctly stated in United States v. Sadrzadeh, 440 F.2d 389, 390 (9th Cir. 1971): “We cannot accept the contention that (appellant) was entitled to start over again at the end of the government’s case with a jury and not a judge when his wife Toni chose to plead guilty.
discussed Cited as authority (rule) United States v. Harold Lee Bagsby, United States of America v. Nathaniel Endsley
9th Cir. · 1973 · confidence medium
United States v. De Betham, 470 F.2d 1367, 1368 (9th Cir. 1972); United States v. Sala *727 zar-Gaeta, 447 F.2d 468, 469 (9th Cir. 1971); United States v. Sadrzadeh, 440 F.2d 389, 390 (9th Cir. 1971).
cited Cited as authority (rule) United States v. Bruce Eugene De Betham
9th Cir. · 1973 · confidence medium
United States v. Salazar-Gaeta, 447 F.2d 468, 469 (CA9 1971); United States v. Sadrzadeh, 440 F.2d 389, 390 (CA9 1971); Frye v. United States, 54 App.D.C. 46 , 293 F. 1013, 1014 (1923).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff and Appellee,
v.
William Earl JOHNSTON, Appellant
71-1347_1.
Court of Appeals for the Ninth Circuit.
May 25, 1971.
440 F.2d 389
George P. Eshoo, Redwood City, Cal., for appellant., Harry Steward, U. S. Atty., San Diego, Cal., for appellee.
Chambers, Hufstedler, Per Curiam, Wright.
Cited by 3 opinions  |  Published
PER CURIAM:

The judgment of conviction is affirmed.

This was a conviction for smuggling and transporting marijuana (21 U.S.C. § 176a). Johnston was caught at the Mexican border.

Here he contends he was entitled to an instruction on “lesser included offense,” to-wit: 18 U.S.C. § 545: smuggling merchandise (without invoicing) into the United States with intent to defraud.

In another case, the contention might be correct. But here it was marijuana that was smuggled or nothing. Defendant could not be guilty of 18 U.S.C. § 545 without having violated 21 U.S.C. § 176a. So it was no error to not instruct about a lesser offense. See Olais-Castro v. United States, 9 Cir., 416 F.2d 1155.

The mandate will issue forthwith.