U.S. Court of Appeals for the Ninth Circuit, 1969

Mike R. Parga v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided April 7, 1969 · Browning, Duniway, Carter

404 F.2d 878 (Federal Reporter, Second Series)

Counsel

Evelyn Magnes, San Jose, Cal., for appellant., Wm. M. Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., R. S. Morroww, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Opinion

PER CURIAM:

Viewing the evidence in the light most favorable to the government, we think it was sufficient to establish that appellant had personal knowledge that the marihuana was illegally imported; and, in any event, we think the evidence was sufficient to establish that appellant had constructive possession of the marihuana, thus bringing into play the presumption of 21 U.S.C. § 176a. The conviction is therefore affirmed.

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