U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Larry Black

U.S. Court of Appeals for the Fourth Circuit · Decided February 17, 1970 · Sobeloff, Bryan, Butzner

422 F.2d 398 (Federal Reporter, Second Series)

Counsel

Robert M. Alexander, Arlington, Va. (court-appointed counsel), for appellant., David G. Lowe, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., and Alfred D. Swersky, Asst. U. S. Atty., on' the brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

United States v. Michael Harling (D.C. Cir. 1972)
Barbara Brammer and David Brammer v. Arrow Lines, Inc., a Corporation (4th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Larry Black appeals his conviction for receiving and concealing four capsules of heroin in violation of 21 U.S.C. § 174. The sole issue presented on appeal concerns the constitutionality of .that part of Section 174 which provides that possession of the narcotic drug “shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury.”

In Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970), the Supreme Court upheld the constitutionality of this statutory inference as it applies to heroin, and we find that case controlling here.

The judgment, is affirmed.

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