United States v. Mark Edwin Flom
Cases that cite this one
3 later published cases cite this decision.
- United States v. Abe Jones (9th Cir. 1975)
- United States v. Salvador Moreno-Buelna, United States of America v. Raul Nava-Flores (9th Cir. 1975)
- United States v. Donald Rudolph Gardner, United States of America v. Donald Neal Le Boulanger (9th Cir. 1973)
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
Mark E. Flom appeals his conviction by a judge without a jury of importing and knowingly facilitating the importation into and transportation within the United States of heroin in violation of 21 U.S.C. § 174. We reverse. The evidence is insufficient to sustain the judgment.
The Government proved that Flom and his longtime friend Daniel Atkinson went to Mexico together. While separated from Flom, Atkinson purchased heroin and secreted it in his body. The men reentered the United States on foot, and were detained because they were nervous and appeared to be under the influence of drugs. Flom had recent needle marks on his arms, but a strip search was negative. A strip and body search of Atkinson revealed the heroin.
Viewed most favorably to the Government, the evidence does not support a finding that Flom had possession, actual or constructive, of the heroin, or that he knew it was illegally imported. Atkinson had exclusive control of the heroin. The Government’s evidence may have given rise to the suspicion, but it did not prove that Flom was implicated with Atkinson in the illegal importation of heroin. Murray v. United States, 403 F.2d 694, 695-696 (9th Cir. 1968).
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.