UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DANIEL THOMAS VILLELLA, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the denial of a continuance was within the trial court's discretion and that the legality of the arrest was irrelevant to the conviction.
Appellant was convicted of drug offenses. His counsel moved for a continuance to locate witnesses, but no attempt had been made to find them. Appellan…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Legality Of Arrest cases and more on FLexlaw
PER CURIAM:
Villella appeals from a conviction of illegal importation of heroin and possession of heroin with intent to distribute, as well as conspiracy to commit these acts, in violation of 21 U.S.C. §§ 952, 960, 841(a)(1), 963 and 846, respectively. We affirm.
Villella was arrested June 6, 1971, and released on bail September 13, 1971, two days before the commencement of trial. On September 14, his counsel moved for a continuance on the ground that appellant had been unable to aid counsel in locating two defense witnesses. No attempt had been made to locate the two witnesses; no good reason was advanced why his counsel could not have searched for them with the help of his client’s direction. The denial of the motion was within the court’s discretion. See United States v. Harris, 9 Cir., 1970, 436 F. 2d 775, 776.
Villella also claims that his arrest was illegal. Whatever the merits of this contention, it is irrelevant for purposes of reviewing his conviction. See Frisbie v. Collins, 1952, 342 U.S. 519, 522, 72 S.Ct. 509, 96 L.Ed. 541; Albrecht v. United States, 1927, 273 U.S. 1, 8, 47 S. Ct. 250, 71 L.Ed. 505. The arrest did not produce evidence that was used against him.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wong Chung CHE and Wong Pui Tong v. Immigr. & Naturalization Serv., 565 F.2d 166 (1st Cir. 1977)
-
Huerta-Cabrera v. Immigr. & Naturalization Serv., 466 F.2d 759 (7th Cir. 1972)
-
Medina-Sandoval v. Immigr. & Naturalization Serv., 524 F.2d 658 (9th Cir. 1975)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frisbie v. Collins, 342 U.S. 519 (U.S. 1952)
- Albrecht v. United States, 273 U.S. 1 (U.S. 1927)
- United States v. Harris, 436 F.2d 775 (9th Cir. 1970)