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

United States v. Clarence Williams

U.S. Court of Appeals for the Ninth Circuit · Decided April 27, 1970 · Merrill, Ely, Trask

423 F.2d 696 (Federal Reporter, Second Series)

Counsel

Henry Florence (argued) Karl N. Stewart, Phoenix, Ariz., for defendant-appellant., Joe Jenckes (argued), Asst. U. S. Atty., Philip Malinsky, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Cases that cite this one

4 later published cases cite this decision.

United States v. Sylvia Olivas (9th Cir. 2025)
United States v. Sylvia Olivas (9th Cir. 2023)
Clarence Williams v. United States (9th Cir. 1974)
United States v. Richard Sonny Nero (9th 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:

The constitutionality of the presumption of knowledge of importation drawn from the fact of possession of heroin has been settled in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970).

There was ample evidence of dominion and control to present a jury question as to whether appellant had constructive possession.

We find no basis for reversal under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), respecting testimony as to statements made by appellant’s codefendant. The statements were made during the commission of the crime, Kay v. United States, 421 F.2d 1007 (9th Cir. 1970), and do not appear in any way to have implicated appellant.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.