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

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)

Counsel

Bernard G. Winsberg (argued), Los Angeles, Cal., for appellant., Edward J. Wallin (argued), David P. Curnow, Robert L. Brosio, Asst. U. S. Attys., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

United States v. Thomas Lee Piercefield (5th Cir. 1971)

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:

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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