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UNITED STATES v. NERO

No. 24490.

433 F.2d 350 (1970)

UNITED STATES of America, Appellee, v. Richard Sonny NERO, Appellant.

United States Court of Appeals, Ninth Circuit.

October 27, 1970.

Attorney(s) appearing for the Case

Richard E. Weger (argued), San Jose, Cal., for appellant.

Richard K. Burke, U. S. Atty., Philip Malinsky and Wurner Lee, Asst. U. S. Attys., Phoenix, Ariz., for appellee.

Before ELY and WRIGHT, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

Nero appeals from his conviction on two counts charging him with the unlawful sale of heroin. 21 U.S.C. § 174.

Nero challenges the constitutionality of the presumption prescribed by 21 U.S.C. § 174, but the validity of the presumption, as applied to the possession of heroin, has been established. Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970).

Nero's second contention...

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