How has the presumption in Section 174 of the Criminal Code been interpreted in federal cases?

The presumption in 174 has been found to be constitutional. Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970). The burden was on appellant to overcome the presumption by demonstrating the fact or likelihood that the heroin came from a domestic source. He did not sustain the burden.

There was shown no prejudice from the delay between the offenses and arrest, and we dismiss this assignment of error under Wilson v. United States, 409 F.2d 184 (9th Cir. 1969), cert. denied, 395 U.S. 983, 89 S.Ct. 2146, 23 L. Ed.2d 771 (1969), in which there had been a seven-month delay.

The remaining issue need not be considered, appellant having received concurrent sentences on all counts. United States v. Lucero, 443 F.2d 64 (9th Cir. 1971); United States v. Jack, 439 F.2d 879 (9th Cir. 1971).

The decision of the district court is affirmed and the mandate will issue forthwith.