What is the case law on constructive possession of cocaine and conspiracy to supply the drug?

The other issue is more difficult. The evidence of appellant's connection with the conspiracy was not strong. It was essentially the same as that offered to show constructive possession of the cocaine, which we have already discussed. However, we conclude that the evidence sufficed to get to the jury on this issue as well. The jury was not told that it could use the section 174 presumption on Count One and the sentence received was the minimum of five years. Having reviewed the record, we see no reason why the conviction on this count should be set aside. Cf. United States v. Jenkins, supra; United States v. Febre, 425 F.2d 107 (2d Cir. 1970).

Judgment of conviction on Count One affirmed; on Counts Three and Four reversed.