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

Helinda Jimenez v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided February 9, 1970 · Ainsworth, Per Curiam, Simpson, Singleton

421 F.2d 1401; 1970 U.S. App. LEXIS 10787 (Federal Reporter, Second Series)

Counsel

Marian S. Rosen, Clyde W. Woody, Houston, Tex., for appellant., James R. Gough and Gerald Applewhite, Asst. U. S. Attys., Houston, Tex., for appellee.

Cases that cite this one

3 later published cases cite this decision.

United States v. Fernando Macias (5th Cir. 1971)
United States v. Antonio Gascar Hernandez (5th Cir. 1971)
United States v. Miguel Coronado, Jr. (5th 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

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.

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