UNITED STATES v. RIVERA

No. 49, Docket 31288.

388 F.2d 545 (1968)

UNITED STATES of America, Appellee, v. Cecilio RIVERA, Jr., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 19, 1968.


Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y., on the brief), for appellee.

Abraham Solomon, New York City, for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and FEINBERG, Circuit Judges.


LUMBARD, Chief Judge.

Cecilio Rivera was tried by Judge Bruchhausen in the Eastern District of New York, sitting without a jury, and convicted of a purchase of 51.55 grams of cocaine not in or from the original package in violation of 26 U.S.C. § 4704 (a).1 He was sentenced to five years imprisonment. On appeal he seeks to raise the question whether possession of narcotics can consistent with the Constitution create a presumption...

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