Edward Eugene Qualen v. United States

Ninth Circuit

Edward Eugene Qualen v. United States

425 F.2d 720, 1970 U.S. App. LEXIS 10313

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 13, 1970

Docket22772

StatusPublished

Cited by1 cases

This text of 425 F.2d 720 (Edward Eugene Qualen v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edward Eugene Qualen v. United States, 425 F.2d 720, 1970 U.S. App. LEXIS 10313 (9th Cir. 1970).

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Opinion

PER CURIAM:

The previous opinion in this case, dated February 19, 1969, is withdrawn. In that opinion we affirmed the judgment of conviction, emphasizing the presumption prescribed in 21 U.S.C. § 176a, recently held to be improper. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

Qualen was convicted in a trial without jury. In introducing his analysis of the evidence, the analysis leading to the determination of guilt, the district judge commented, “It’s a close case.” We cannot assume that the now invalid presumption was ignored, inasmuch as the District Court was required to apply it, as were we, until the recent declaration of its invalidity. Our court, sitting en banc, has now declared that Leary is to be given full retroactive application. United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).

The judgment is reversed and the cause is remanded for a new trial. Compare United States v. Cepelis, 426 F.2d 134 (9th Cir. 1970).

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PER CURIAM:

The previous opinion in this case, dated February 19, 1969, is withdrawn. In that opinion we affirmed the judgment of conviction, emphasizing the presumption prescribed in 21 U.S.C. § 176a, recently held to be improper. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

Qualen was convicted in a trial without jury. In introducing his analysis of the evidence, the analysis leading to the determination of guilt, the district judge commented, “It’s a close case.” We cannot assume that the now invalid presumption was ignored, inasmuch as the District Court was required to apply it, as were we, until the recent declaration of its invalidity. Our court, sitting en banc, has now declared that Leary is to be given full retroactive application. United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).

The judgment is reversed and the cause is remanded for a new trial. Compare United States v. Cepelis, 426 F.2d 134 (9th Cir. 1970).

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Bluebook (online)

425 F.2d 720, 1970 U.S. App. LEXIS 10313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-eugene-qualen-v-united-states-ca9-1970.

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