United States v. John David Moore, Jr.
This text of 546 F.2d 657 (United States v. John David Moore, Jr.) 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.
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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Cite This Page — Counsel Stack
546 F.2d 657, 1977 U.S. App. LEXIS 10170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-david-moore-jr-ca5-1977.