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SHELTON v. UNITED STATES

No. 20102.

363 F.2d 506 (1966)

Leo SHELTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 19, 1966.

Attorney(s) appearing for the Case

Alexander D. Calhoun, Jr., of Graham, James & Rolph, San Francisco, Cal., for appellant.

Cecil F. Poole, U. S. Atty., James J. Brosnahan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and DUNIWAY, Circuit Judges.

PER CURIAM:

In this narcotics case the government, at the trial, showed possession of illicit drugs. No evidence was offered to explicitly prove illegal importation. But the conviction was obtained upon the presumption set forth in 21 U.S.C. § 174. Defendant-appellant says the presumption cannot go so far as to cover the element of illegal importation. The argument has original merit, but is concluded by our decision in Brothers v. United States, 9 Cir.,

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