United States v. Charles Francis Vincent Rogers and James Garcia

Fifth Circuit

United States v. Charles Francis Vincent Rogers and James Garcia

421 F.2d 695, 1970 U.S. App. LEXIS 11003

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 28, 1970

Docket28466

StatusPublished

This text of 421 F.2d 695 (United States v. Charles Francis Vincent Rogers and James Garcia) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Charles Francis Vincent Rogers and James Garcia, 421 F.2d 695, 1970 U.S. App. LEXIS 11003 (5th Cir. 1970).

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Opinion

PER CURIAM:

Pursuant to Rule 18 of the Rules of this court we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir., 1969, 417 F.2d 526, Part I.

Upon motion of the government, the judgments of conviction entered on an indictment charging violations of 21 U.S.C.A. § 176a, are reversed. Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. Our case of Scar-dino v. United States, 5 Cir., 1969, 414 F.2d 925, did not involve the constitutionality of the presumption which arises under 21 U.S.C.A. § 176a, and thus does not require dismissal of the indictment or prevent retrial. In point of fact, Leary is contrary to the contention of appellants in this regard. 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d at 92.

Reversed and remanded for further proceedings not inconsistent herewith.

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PER CURIAM:

Pursuant to Rule 18 of the Rules of this court we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804, Part I; and Huth v. Southern Pacific Company, 5 Cir., 1969, 417 F.2d 526, Part I.

Upon motion of the government, the judgments of conviction entered on an indictment charging violations of 21 U.S.C.A. § 176a, are reversed. Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. Our case of Scar-dino v. United States, 5 Cir., 1969, 414 F.2d 925, did not involve the constitutionality of the presumption which arises under 21 U.S.C.A. § 176a, and thus does not require dismissal of the indictment or prevent retrial. In point of fact, Leary is contrary to the contention of appellants in this regard. 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d at 92.

Reversed and remanded for further proceedings not inconsistent herewith.

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421 F.2d 695, 1970 U.S. App. LEXIS 11003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-francis-vincent-rogers-and-james-garcia-ca5-1970.

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