Is possession of a narcotic drug sufficient evidence of illegal importation and knowledge of importation?
MultiRegion, United States of America
The following excerpt is from United States v. Malo, 417 F.2d 1242 (2nd Cir. 1969):
On this appeal, defendant argues for the first time that the presumption in 21 U.S.C. 174 (1964) providing that possession of a narcotic drug shall be deemed sufficient evidence of illegal importation and knowledge of importation is unconstitutional in the light of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969). This contention has no merit. See United States v. Cuadrado, 413 F.2d 633 (2d Cir. July 15, 1969).
Conviction affirmed.
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