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UNITED STATES v. LOPEZ

No. 543, Docket 29193.

355 F.2d 250 (1966)

UNITED STATES of America, Appellee, v. Felix LOPEZ, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 19, 1966.

Attorney(s) appearing for the Case

Robert L. Latchford, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, New York City, on the brief, Richard A. Givens, Asst. U. S. Atty., of counsel), for appellee.

Arthur L. Liman, New York City (Anthony F. Marra, New York City, on the brief, Roger Goldburg, New York City, of counsel), for appellant.

Before MOORE and FRIENDLY, Circuit Judges, and WEINFELD, District Judge.

MOORE, Circuit Judge:

Felix Lopez was indicted and convicted after a non-jury trial on two counts for selling heroin in violation of 21 U.S.C.A. §§ 173-174 and on one conspiracy count. Concurrent sentences on all three counts were imposed. On appeal he argues that he was not proven to have had "possession" of the narcotics within the meaning of the statute and that, consequently, the provision permitting an inference of knowledge of illegal importation to...

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