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UNITED STATES v. EDGE

No. 17395.

444 F.2d 1372 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Cornelius H. EDGE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 8, 1971.

Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., Jo-Anne Wolfson, Chicago, Ill., for defendant-appellant.

William J. Bauer, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; Michael B. Nash, Asst. U. S. Atty., Chicago, Ill., of counsel.

Before SWYGERT, Chief Judge, FAIRCHILD, Circuit Judge, and GORDON, District Judge.

FAIRCHILD, Circuit Judge.

Cornelius Edge appeals from conviction and sentence on three counts, charging him with transactions in specified drugs, with knowledge of unlawful importation. In each instance the conviction rests upon the inference drawn from unexplained possession that the drug was illegally imported and that the possessor knew that fact. Count II (21 U.S.C. § 174) involved cocaine and the government concedes the conviction must be reversed under...

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