United States v. Alexander Norton

Second Circuit

United States v. Alexander Norton

310 F.2d 718, 1962 U.S. App. LEXIS 3446

CourtCourt of Appeals for the Second Circuit

DecidedNovember 30, 1962

Docket140, Docket 27635

StatusPublished

Cited by5 cases

This text of 310 F.2d 718 (United States v. Alexander Norton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Alexander Norton, 310 F.2d 718, 1962 U.S. App. LEXIS 3446 (2d Cir. 1962).

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Opinion

PER CURIAM.

Alexander Norton appeals from his conviction by Judge Metzner, sitting without a jury, under 21 U.S.C. §§ 173, 174 for concealing or transporting heroin, and under 18 U.S.C. § 1403 for using a communication facility in committing a federal narcotics offense.

On December 6, 1961, Norton was arrested and heroin was found in his possession. At the trial, the government showed possession and relied upon the evidentiary rule in 21 U.S.C. § 174 which permits conviction unless the defendant explains the possession to the satisfaction of the jury.

Norton took the stand and admitted he had heroin in his possession at the time of his arrest. He said he had bought it from a man named Sam on 126th Street, Manhattan, and that on other occasions he had purchased larger quantities of narcotics up to one ounce from a man named Sarge. Denying that he knew, at the time of his arrest, that narcotics were imported, he admitted that he had read about illegal importation of heroin from Italy. He testified that he believed that narcotics were produced in California or New York. Judge Metzner found Norton guilty; he made no findings of fact. Appellant argued that the trial judge should have made more detailed findings with respect to the defendant’s explanation of his possession of the heroin. We disagree.

It is obvious that Judge Metzner found Norton’s explanation unsatisfactory, and to do so was well within his province. United States v. Gibson, 310 F.2d 79 (2 Cir., 1962). The presumption is not overcome as a matter of law merely because a defendant testifies that he did not *719 know that narcotics were imported illegally and gives as the source of the illegal drugs the name of someone whose existence and identity are not further established. The trial judge is not required to accept such an explanation as a rebuttal of the statutory presumption.

The appellant’s other contentions are without merit.

We express our appreciation to assigned counsel, Thomas Barrett Leary, Esq., for his conscientious representation of the appellant.

Affirmed.

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PER CURIAM.

Alexander Norton appeals from his conviction by Judge Metzner, sitting without a jury, under 21 U.S.C. §§ 173, 174 for concealing or transporting heroin, and under 18 U.S.C. § 1403 for using a communication facility in committing a federal narcotics offense.

On December 6, 1961, Norton was arrested and heroin was found in his possession. At the trial, the government showed possession and relied upon the evidentiary rule in 21 U.S.C. § 174 which permits conviction unless the defendant explains the possession to the satisfaction of the jury.

Norton took the stand and admitted he had heroin in his possession at the time of his arrest. He said he had bought it from a man named Sam on 126th Street, Manhattan, and that on other occasions he had purchased larger quantities of narcotics up to one ounce from a man named Sarge. Denying that he knew, at the time of his arrest, that narcotics were imported, he admitted that he had read about illegal importation of heroin from Italy. He testified that he believed that narcotics were produced in California or New York. Judge Metzner found Norton guilty; he made no findings of fact. Appellant argued that the trial judge should have made more detailed findings with respect to the defendant’s explanation of his possession of the heroin. We disagree.

It is obvious that Judge Metzner found Norton’s explanation unsatisfactory, and to do so was well within his province. United States v. Gibson, 310 F.2d 79 (2 Cir., 1962). The presumption is not overcome as a matter of law merely because a defendant testifies that he did not *719 know that narcotics were imported illegally and gives as the source of the illegal drugs the name of someone whose existence and identity are not further established. The trial judge is not required to accept such an explanation as a rebuttal of the statutory presumption.

The appellant’s other contentions are without merit.

We express our appreciation to assigned counsel, Thomas Barrett Leary, Esq., for his conscientious representation of the appellant.

Affirmed.

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310 F.2d 718, 1962 U.S. App. LEXIS 3446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alexander-norton-ca2-1962.

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