United States v. Dolores Pauline Rea, 532 F.2d 147 (9th Cir. 1976). · Go Syfert
United States v. Dolores Pauline Rea, 532 F.2d 147 (9th Cir. 1976). Cases Citing This Book View Copy Cite
36 citation events (6 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Cited for
At page 149 Determining knowledge for controlled substance importation21 citing cases“logically be harmless to defendant beyond any reasonable doubt.”1 citing court quotes it · 20 listed here
  • United States v. George Jefferson, 791 F.3d 1013 (9th Cir. 2015).published 2 cites
    See United States v. Carranza, 289 F.3d 634, 644 (9th Cir. 2002); United States v. Ramirez- Ramirez, 875 F.2d 772, 774 (9th Cir. 1989); United States v. Rea, 532 F.2d 147, 149 (9th Cir. 1976) (per curiam).
  • State v. Sartin, 546 N.W.2d 449 (Wis. 1996).published
    App. 1991); United States v. Zandi, 769 F.2d 229, 234 (4th Cir. 1985); People v. Guy, 107 Cal. App. 3d 593, 600-01 , 165 Cal. Rptr. 463, 467-68 (Cal. Ct. App. 1980); People v. Garringer, 48 Cal. App. 3d 827, 835 , 121 Cal. Rptr. 922, 927 (…
  • United States v. Jose Alcorta, 944 F.2d 910 (9th Cir. 1991).unpublished
    NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Agent Capra's disputed hearsay testimony, even if inadmissible, was "logically harmless to defendant beyond any reasonable doubt," United States v. Beckett, 724 F.2d 855, 856 (9th Cir.…
  • United States v. Susana Sanchez-Robles, 927 F.2d 1070 (9th Cir. 1991).published
    An improperly given Jewell instruction requires reversal unless it was “ ‘logically harmless ... beyond any reasonable doubt.’ ” United States v. Beckett, 724 F.2d 855, 856 (9th Cir.1984) (per curiam) (quoting United States v. Rea, 532 F.2…
  • United States v. Juan Rubio-Villareal, 927 F.2d 1495 (9th Cir. 1991).published
    Valle-Valdez equated the "reasonable possibility" standard with the "beyond a reasonable doubt” standard. 554 F.2d at 916-17 (describing United States v. Rea, 532 F.2d 147, 149 (9th Cir.1976) and United States v. Duhart, 496 F.2d 941, 945…
  • United States v. Eric S. Kelm, 827 F.2d 1319 (9th Cir. 1987).published
    Given the evidence of Kelm’s actual knowledge of his federal tax law violations, we hold the error was “logically harmless to defendant beyond any reasonable doubt.” See Alvarado, 817 F.2d at 586 (quoting United States v. Rea, 532 F.2d 147…
  • United States v. Gustavo Alvarado, United States of Am. v. Oscar Oqueli-Hernandez, 817 F.2d 580 (9th Cir. 1987).published
    This single item of evidence is insufficient for us to find that issuing the Jewell instruction was not “logically harmless to defendant beyond a reasonable doubt.” See Beckett, 724 F.2d at 856 (quoting United States v. Rea, 532 F.2d 147,…
  • United States v. Katherine Bordallo Aguon, 813 F.2d 1413 (9th Cir. 1987).published 2 cites
    The claimed error would “logically [be] harmless to defendant beyond any reasonable doubt.” United States v. Rea, 532 F.2d 147, 149 (9th Cir.1976).
  • United States v. Robert Bridges, 760 F.2d 151 (7th Cir. 1985).published
    United States v. Hernandez, 750 F.2d at 1260 ; United States v. Walden, 578 F.2d at 972 ; United States v. Kuck, 573 F.2d at 28 ; United States v. Rea, 532 F.2d 147, 149 (9th Cir.), cert. denied, 429 U.S. 837 , 97 S.Ct. 107 , 50 L.Ed.2d 10…
  • United States v. Herminio Hernandez, 750 F.2d 1256 (5th Cir. 1985).published
    United States v. Walden, 578 F.2d 966, 972 (3d Cir.1978); United States v. Rea, 532 F.2d 147, 149 (9th Cir.), cert. denied, 429 U.S. 837 , 97 S.Ct. 107 , 50 L.Ed.2d 104 (1976).
Show 10 more citing cases
  • United States v. James Beckett, 724 F.2d 855 (9th Cir. 1984).published
    We therefore hold that issuing the Jewell instruction in this case was not harmless error because doing so was not “logically harmless to defendant beyond any reasonable doubt.” United States v. Rea, 532 F.2d 147, 149 (9th Cir.1976).
  • Robert HADDAD v. LOCKHEED CALIFORNIA Corp., 720 F.2d 1454 (9th Cir. 1983).published
    See, e.g., United States v. Herbert, 698 F.2d 981, 986 (9th Cir. 1983) (applying higher standard to jury instruction error concerning elements of charge); United States v. Cusino, 694 F.2d 185, 187 (9th Cir.), (“there may be room for argum…
  • United States v. Phillip Bertman, 686 F.2d 772 (9th Cir. 1982).published
    See also United States v. Pheaster, 544 F.2d 353 , 363 n.3 (9th Cir. 1976); United States v. Rea, 532 F.2d 147, 149 (9th Cir. 1976); United States v. Winter, 663 F.2d 1120, 1142 (1st Cir. 1981); United States v. Thomas, 567 F.2d 638, 641 (…
  • United States v. Philomena Lartey-Trapman, 92 F.3d 1183 (4th Cir. 1996).unpublished
    See United States v. Rea, 532 F.2d 147, 149 (9th Cir.), cert. denied, 429 U.S. 837 (1976). 8 Accordingly, we affirm Trapman's convictions.
  • United States v. Lartey-Trapman, No. 95-5640 (4th Cir. Aug. 5, 1996).unpublished
    See United States v. Rea, 532 F.2d 147, 149 (9th Cir.), cert. denied, 429 U.S. 837 (1976).
  • United States v. Jose Luis Ramirez-Ramirez, 875 F.2d 772 (9th Cir. 1989).published
    ([A]n importer of drugs need not know specifically which drug he or she is importing.)
  • United States v. Gustavo Alvarado, United States of Am. v. Oscar Oqueli-Hernandez, 838 F.2d 311 (9th Cir. 1988).published 2 cites
    See United States v. Beckett, 724 F.2d 855, 856 (9th Cir.1984) {Jewell instruction will be harmless error where the instruction is “logically harmless to [the] defendant beyond any reasonable doubt.”) (quoting United States v. Rea, 532 F.2…
  • State v. Tripp, 776 N.W.2d 855 (Iowa 2010).published 2 cites
    Walden, 578 F.2d at 972 ; see also United States v. Rea, 532 F.2d 147, 149 (9th Cir. 1976).
  • Edmund Y. Chein v. Richard Shumsky, 373 F.3d 978 (9th Cir. 2004).published 2 cites
    (refusing to find error in a case where “[a]ny ambiguity in the instructions could only have benefited the defendant, because some jurors might have had an erroneous, but more stringent, view of the government’s burden o…)
  • United States v. Juan Rubio-Villareal, 967 F.2d 294 (9th Cir. 1992).published 2 cites
    See, e.g., United States v. Rea, 532 F.2d 147, 149 (9th Cir.), cert, denied, 429 U.S. 837 , 97 S.Ct. 107 , 50 L.Ed.2d 104 (1976); United States v. Dukart, 496 F.2d 941, 945 (9th Cir.), cert, denied, 419 U.S. 967 , 95 S.Ct. 230 , 42 L.Ed.2d…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Dolores Pauline REA, Appellant
74-3459.
Court of Appeals for the Ninth Circuit.
Mar 15, 1976.
Published opinion
532 F.2d 147
1976 U.S. App. LEXIS 12412
Robert W. Ripley, Jr., San Diego, Cal., for appellant., H. B. Hoffman, Asst. U. S. Atty., San Diego, Cal., for appellee.
Choy, Goodwin, East.
Cited by 31 opinions  |  Published

OPINION

Before CHOY and GOODWIN, Circuit Judges, and EAST, * , District Judge. PER CURIAM:

Defendant, who was apprehended at the San Ysidro checkpoint crossing the border with approximately five pounds of heroin in her automobile, appeals from the resulting conviction.

The appeal challenges the sufficiency of the instructions regarding defendant’s knowledge of what substance, if any, she was importing (or possessing); asserts a defect in the sentencing procedure; and contends that the sentence itself is unconstitutional. None of the points is well taken.

Defendant was charged with illegally importing (21 U.S.C. § 960) and possessing with intent to distribute (21 U.S.C. § 841(a)(1)) the heroin which the border police found secreted in her automobile. The trial judge read the indictment in two counts and instructed the jury as to the elements of the offense in similar language. [1] The jury sent the judge a note indicating some confusion on the second element of the first count. The jury want-[*149] ed to know if the element “knowingly caused the importation” required a finding that defendant knew she had heroin in her car or whether a finding that defendant knew she had a controlled substance in the car would be sufficient. After the judge had repeated his instructions a number of times, the jury stated that it was satisfied.

As we held in United States v. Jewell, 532 F.2d 697 (9th Cir. 1976) (en banc), an importer of drugs need not know specifically which drug he or she is importing; the importer must have known only that he or she is importing some controlled substance. The jury in this case convicted Ms. Rea on the basis of adequate, albeit not perfect, instructions. Any ambiguity in the instructions could only have benefited the defendant, because some jurors might have had an erroneous, but more stringent, view of the government’s burden of proof: namely, that the government had to prove Ms. Rea knew she was importing heroin, not just any controlled substance. However, the erroneous view of the government’s burden, if held by any of the jurors, is logically harmless to defendant beyond any reasonable doubt.

On the sentencing point, the defendant asserts that she was prejudiced by the circumstances surrounding the withdrawal of an attorney earlier in the prosecution. We have examined the record and find no basis for reversal. Nothing supports the defendant’s bald assertion that the judge’s knowledge that an attorney had left the case because of a disagreement with his client caused the judge to impose a more severe sentence than he might otherwise have imposed.

Finally, as regards the length of the mandatory special parole term imposed in obedience to 21 U.S.C. § 841(b)(1)(A), the defendant seeks to interpose a limit which Congress did not enact, and for which we find no warrant in the Eighth Amendment. There is nothing per se cruel or unusual about placing on life parole a convicted offender who is eligible for consecutive prison terms that would ordinarily use up a human life expectancy. Cf. United States v. Rivera-Marquez, 519 F.2d 1227 (9th Cir.), cert. denied, 423 U.S. 949, 96 S.Ct. 369, 46 L.Ed.2d 285 (1975). Parole is not cruel and unusual punishment. The revocation of parole and incarceration under certain circumstances might raise some questions, but these are not now before us, and there is no need to speculate about them.

Affirmed.

1

. “In Count One the grand jury charges that on or about May 26, 1974, in the Southern District of California, defendant Dolores Pauline Rea did knowingly and intentionally import and attempt to import approximately five pounds of heroin, a Schedule [I] controlled substance, into the United States from a place outside thereof in violation of Title 21, United States Code Sections 952, 950 [sic, 960] and 963.

Count on May 26, 1974, in the Southern District of California, defendant Dolores Pauline Rea, did knowingly and intentionally possess with intent to distribute approximately five pounds of heroin, a Schedule [I] controlled substance, in violation of Title 21, United States Code Section 841(a)(1).

[*149] “ * * * Three elements are required to be proved in order to establish the offense charged in Count One of the indictment, the so-called importation count.

“First, that the defendant imported into the United States a controlled substance; second, that the defendant knowingly caused that importation; and third, that the substance alleged is heroin, a Schedule [I] controlled substance.

“The term controlled substance means a drug or other substance included in Schedule [I].

“You are further instructed that if you find that the substance alleged is heroin, then you must find that said substance is a controlled substance included in Schedule [I].

<< $ * *

“Again, three essential elements are required to be proved in order to establish the offense charged in Count Two of the indictment.

“First, that the defendant possessed with intent to distribute a controlled substance; second, that the defendant did such act or acts knowingly or intentionally and third, that the substance alleged is heroin, a controlled substance.”