Can an inference be weaker in a case of constructive possession than actual possession?
MultiRegion, United States of America
The following excerpt is from United States v. Carneglia, 468 F.2d 1084 (2nd Cir. 1972):
6 United States v. Casalinuovo, 350 F.2d 207, 211 (2d Cir. 1965), implies that the inference may be weaker in a case of constructive, as opposed to actual, possession, but that decision does not absolutely bar resort to the inference here. In any event, we see no reason for distinguishing between the validity of the inference in the two situations.
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