United States v. Michael Benjamin Maestri

Ninth Circuit

United States v. Michael Benjamin Maestri

424 F.2d 1066, 1970 U.S. App. LEXIS 9631

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 22, 1970

Docket23131

StatusPublished

Cited by2 cases

This text of 424 F.2d 1066 (United States v. Michael Benjamin Maestri) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Michael Benjamin Maestri, 424 F.2d 1066, 1970 U.S. App. LEXIS 9631 (9th Cir. 1970).

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Opinion

PER CURIAM:

We are unable to distinguish hashish, here under scrutiny, and commonplace marihuana. The 21 U.S.C. § 176a presumption is invalid as to both. Consequently, the judgment of the lower court is set aside and the cause remanded for proceedings in conformity with Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969) and United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).

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PER CURIAM:

We are unable to distinguish hashish, here under scrutiny, and commonplace marihuana. The 21 U.S.C. § 176a presumption is invalid as to both. Consequently, the judgment of the lower court is set aside and the cause remanded for proceedings in conformity with Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969) and United States v. Scott, 425 F.2d 55 (9th Cir., March 6, 1970).

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424 F.2d 1066, 1970 U.S. App. LEXIS 9631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-michael-benjamin-maestri-ca9-1970.

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