Logourl black
From our private database of 14,100+ case briefs...

United States v. Gould

United States Court of Appeals for the Eighth Circuit
536 F.2d 216 (1976)


Facts

Charles Gould and Joseph Carey (defendants) were tried for conspiring to import and importing cocaine into the United States in violation of the Comprehensive Drug Abuse and Control Act of 1970 (Act). Evidence at trial showed that Gould and Carey enlisted the help of Barbara Kenworthy to smuggle approximately two pounds of cocaine in a pair of hollowed-out platform shoes, which was discovered when a customs agent at Miami airport x-rayed the shoes. Two experts offered testimony identifying the substance in the shoes. One expert testified the substance was sixty percent cocaine hydrochloride and testified the substance was fifty-three percent cocaine. The government did not offer direct evidence showing that the substance cocaine hydrochloride was a derivative of coca leaves. At the conclusion of the trial, the judge instructed the jury that if it found the substance in the shoes to be cocaine hydrochloride, then the substance is a Schedule II controlled substance under the Act. Schedule II however, listed only coca leaves and derivatives thereof, and did not specifically list cocaine hydrochloride. Gould and Carey were convicted and appealed their convictions to the United States Court of Appeals for the Eighth Circuit. Gould and Carey asserted on appeal that the court erred in judicially noticing that cocaine hydrochloride is a Schedule II controlled substance and that the government should have been required to prove this fact. Gould and Carey also asserted as error the judge’s failure to instruct the jury that it could disregard the judicially noticed fact as required by Federal Rule of Evidence (FRE) 201(g).

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Gibson, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 217,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.