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UNITED STATES v. HARLING

Nos. 23054, 23279.

463 F.2d 923 (1972)

UNITED STATES of America v. Michael HARLING, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Mr. James W. Respess, Washington, D. C., (appointed by this court), for appellant.

Mr. John S. Ransom, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

McGOWAN, Circuit Judge:

In this appeal we are called upon to determine the validity of the presumptions in two federal narcotics statutes1 in the context of a case where the direct evidence of appellant's involvement with narcotic drugs was severely limited in its scope.

The first statute, 21 U.S.C. § 174, subjects to imprisonment anyone who

fraudulently or knowingly imports or brings any narcotic drug into the United...

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