· 2/10/1984
UNITED STATES of America, Plaintiff-Appellee, v. Armando LOPEZ-MARTINEZ, Defendant-Appellant
Citations
- 725 F.2d 471
- 13 Fed. R. Serv. 1524
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that to prove unlawful possession under section 841, the defendant must have knowl- edge that he possessed a controlled substance
- stating that “‘a defendant who has knowledge that he possesses a controlled substance may have the state of mind necessary for conviction even if he does not know which controlled substance he possesses’”
- contrasting 1974 date of obtaining evidence and current proceedings in the 1980's
- defendant was properly convicted of possession with intent to distribute heroin even though he claimed that he thought he was possessing marijuana
- “The fact that the first [conviction] involved marihuana while the second involved heroin does not bar admission, when both arrests were for possession with intent to distribute.... [citation omitted]”
- Statements made in a 1974 arrest by federal officers were admissible in a 1982 federal trial because the agents in 1974 did not have the later 1982 proceedings in their “zone of primary interest.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Duniway, Browning, Du-Niway, Alarcon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.