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QUALEN v. UNITED STATES

No. 22772.

425 F.2d 720 (1970)

Edward Eugene QUALEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

March 13, 1970.

Attorney(s) appearing for the Case

Hecsh, Hegner & Philbin, San Diego, Cal., for appellant.

Shelby Gott, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and PREGERSON, District Judge.

As Modified on Denial of Rehearing.

PER CURIAM:

The previous opinion in this case, dated February 19, 1969, is withdrawn. In that opinion we affirmed the judgment of conviction, emphasizing the presumption prescribed in 21 U.S.C. § 176a, recently held to be improper. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

Qualen was convicted in a trial without jury. In introducing his analysis...

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