Helinda Jimenez v. United States

U.S. Court of Appeals for the Fifth Circuit
Helinda Jimenez v. United States, 421 F.2d 1401 (5th Cir. 1970)
1970 U.S. App. LEXIS 10787

Helinda Jimenez v. United States

Opinion

ON PETITION FOR REHEARING

PER CURIAM:

Helinda Jimenez was convicted on a two-count indictment charging her with violations of 21 U.S.C. § 174 (1964). Her conviction was based upon her discovered possession of heroin. We affirmed that conviction on June 26, 1968. We withheld a determination on this petition for rehearing pending action by the Supreme Court in two cases. That action has now been taken. Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (January 20, 1970); Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969). Neither Turner nor Leary casts doubt upon the validity of the conviction we consider here. The section 174 presumption re-maing viable with respect to heroin. The petition for rehearing is accordingly denied.

Reference

Full Case Name
Helinda JIMENEZ, Appellant, v. UNITED STATES of America, Appellee
Cited By
3 cases
Status
Published