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UNITED STATES v. BONHAM

No. 71-2097.

477 F.2d 1137 (1973)

UNITED STATES of America v. Dennis Rex BONHAM, David Duan Fletcher. Appeal of David FLETCHER, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 2, 1973.

Attorney(s) appearing for the Case

Howard Lesnick, Professor of Law, Philadelphia, Pa., for appellant.

Robert E. J. Curran, U. S. Atty., Frank J. Bove, and Richard R. Galli, Asst. U. S. Attys., Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and HASTIE, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN and HUNTER, Circuit Judges.

Submitted En Banc January 3, 1973.

OPINION OF THE COURT

HASTIE, Circuit Judge.

David Fletcher has taken this appeal from a conviction of criminal acquisition of heroin in violation of subsection 4704 (a) of Title 26, United States Code. That subsection also creates a presumption of illegal acquisition or trafficing from "possession" of the specified narcotic in other than the required stamped package.1

Fletcher...

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