United States v. John David Moore, Jr.

Fifth Circuit

United States v. John David Moore, Jr.

546 F.2d 657, 1977 U.S. App. LEXIS 10170

Court of Appeals for the Fifth Circuit·Decided February 7, 1977·No. 75-3680·Published

Opinion

ORDER

This ease is before the Court on remand from the Supreme Court, John David Moore v. United States,-U.S.-, 97 S.Ct. 29, 50 L.Ed.2d 25 (1976).

We have carefully reviewed the trial record in accordance with the directions of the Supreme Court and find no competent evidence that John David Moore, Jr. was, in fact, a tenant of the apartment in question, and nothing beyond his mere presence, along with another person, to show that it was he who, in fact, possessed the heroin.

It is, therefore, ORDERED

That the judgment of conviction is reversed and the case is remanded to the District Court for the entry of a verdict of not guilty.

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ORDER

This ease is before the Court on remand from the Supreme Court, John David Moore v. United States,-U.S.-, 97 S.Ct. 29, 50 L.Ed.2d 25 (1976).

We have carefully reviewed the trial record in accordance with the directions of the Supreme Court and find no competent evidence that John David Moore, Jr. was, in fact, a tenant of the apartment in question, and nothing beyond his mere presence, along with another person, to show that it was he who, in fact, possessed the heroin.

It is, therefore, ORDERED

That the judgment of conviction is reversed and the case is remanded to the District Court for the entry of a verdict of not guilty.

United States v. John David Moore, Jr., 546 F.2d 657, 1977 U.S. App. LEXIS 10170 (5th Cir. 1977).

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Opinion

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