[Download] "United States v. Vahalik" by Fifth Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Vahalik
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 07, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Appellant Floyd Vahalik appeals from his non-jury trial at which he, along with his wife, was convicted of possession with intent to distribute a Schedule II Controlled Substance, methamphetamine, in violation of 21 U.S.C. § 841(a) (1). Appellant contends, first, that the government failed to prove his identity and to prove the date of the offense as stated in the indictment. Second, appellant argues that the trial court erred in denying his motion to suppress evidence, and the fruits of that evidence, obtained in a warrantless seizure of garbage that appellant had placed at the curb in front of his home for collection. We affirm the conviction. The identity of a criminal defendant may be proved by inference and circumstantial evidence. See United States v. Maestas, 546 F.2d 1177, 1181 (5 Cir. 1977). The evidence need not be absolutely positive, United States v. Washington, 550 F.2d 320, 327-28 (5 Cir.), Cert. denied, 434 U.S. 841, 98 S. Ct. 138, 54 L. Ed. 2d 105 (1977), and defendant need not be pointed out from the witness stand. Delegal v. United States, 329 F.2d 494 (5 Cir.) Cert. denied, 379 U.S. 821, 85 S. Ct. 44, 13 L. Ed. 2d 32 (1964).

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