UNITED STATES v. FEBRE

No. 329, Docket 33241.

425 F.2d 107 (1970)

UNITED STATES of America, Appellee, v. Ralph FEBRE, Appellant.

United States Court of Appeals Second Circuit.

Decided January 8, 1970.


Attorney(s) appearing for the Case

Joseph J. Marcheso, New York City (David Wallenstein and Bauman & Marcheso, New York City, on the brief), for appellant.

Daniel J. Sullivan, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., and David A. Luttinger, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

In order to convict a defendant for the concealment or transportation of illegally imported narcotics under 21 U.S.C. § 174, the government must prove that he knew the narcotics to be illegally imported. Since this subjective element of knowledge is often difficult to establish by direct evidence, the government generally relies upon the presumption contained in § 174, which provides that unexplained possession of narcotics...

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