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

United States v. Michael Benjamin Maestri

United States v. Michael Benjamin Maestri
U.S. Court of Appeals for the Ninth Circuit · Decided April 22, 1970 · Duniway, Hufstedler, Kilkenny, Per Curiam
424 F.2d 1066; 1970 U.S. App. LEXIS 9631 (Federal Reporter, Second Series)

United States v. Michael Benjamin Maestri

Opinion

PER CURIAM:

We are unable to distinguish hashish, here under scrutiny, and commonplace marihuana. The 21 U.S.C. § 176a presumption is invalid as to both. Consequently, the judgment of the lower court is set aside and the cause remanded for proceedings in conformity with Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969) and United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).

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