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FENTON v. UNITED STATES

No. 17972.

308 F.2d 246 (1962)

Rudy FENTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 11, 1962.

Attorney(s) appearing for the Case

Howard Meyerson, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and JERTBERG, Circuit Judges, and ROSS, District Judge.

PER CURIAM.

Appellant has been convicted on four counts of narcotics offenses. The identical sentences are concurrent. Under Sinclair v. United States, 279 U.S. 263, 49 S.Ct. 268, 73 L.Ed. 692, we need to find the evidence to be sufficient under only one count. This we do, although there is none to spare. The government's main witness was discredited in many ways, but it was within the province...

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