United States v. Michael Benjamin Maestri
United States v. Michael Benjamin Maestri
424 F.2d 1066; 1970 U.S. App. LEXIS 9631
(Federal Reporter, Second Series)
United States v. Michael Benjamin Maestri
Opinion
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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