United States v. Jose Manuel Obregon

Fifth Circuit

United States v. Jose Manuel Obregon

425 F.2d 1094, 1970 U.S. App. LEXIS 9225

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 14, 1970

Docket26306_1

StatusPublished

This text of 425 F.2d 1094 (United States v. Jose Manuel Obregon) 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.

Bluebook

United States v. Jose Manuel Obregon, 425 F.2d 1094, 1970 U.S. App. LEXIS 9225 (5th Cir. 1970).

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Opinion

PER CURIAM.

The Court has withheld a decision in this case, because there was involved in our decision the question as to the presumption that may be said to arise from possession of certain narcotics. In Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, the Supreme Court invalidated the statutory presumption contained in 21 U.S.C.A. § 176, the marijuana statute. It did not deal with the possession of heroin or cocaine.

Now, in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, dec’d. Jan. 19, 1970, the Supreme Court has expressly upheld the validity of the preumption under § 174, the section under which Obregon was convicted.

We find no merit in the other contentions raised on this appeal. The judgment and sentence of the trial court are affirmed.

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PER CURIAM.

The Court has withheld a decision in this case, because there was involved in our decision the question as to the presumption that may be said to arise from possession of certain narcotics. In Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, the Supreme Court invalidated the statutory presumption contained in 21 U.S.C.A. § 176, the marijuana statute. It did not deal with the possession of heroin or cocaine.

Now, in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, dec’d. Jan. 19, 1970, the Supreme Court has expressly upheld the validity of the preumption under § 174, the section under which Obregon was convicted.

We find no merit in the other contentions raised on this appeal. The judgment and sentence of the trial court are affirmed.

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425 F.2d 1094, 1970 U.S. App. LEXIS 9225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jose-manuel-obregon-ca5-1970.

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