RUSSELL v. UNITED STATES

No. 73-2397.

507 F.2d 1029 (1974)

Braxton RUSSELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1974.


Attorney(s) appearing for the Case

George L. Freeman, Jr., Fairfax, Va. [court-appointed], for appellant.

K. Gregory Haynes, Asst. U. S. Atty. (David H. Hopkins, U. S. Atty., for the Eastern District of Virginia), for appellee.

Before BUTZNER, FIELD, and WIDENER, Circuit Judges.


BUTZNER, Circuit Judge.

Braxton Evan Russell appeals from denial of his motion for relief under 28 U.S.C. § 2255. In these proceedings, both the government and Russell, referring only to the indictment, assume that he was found guilty of possession of cocaine with intent to distribute. Russell contends that the conviction is invalid because it is dependent on a presumption — since declared unconstitutional — which allowed a finding of intent to...

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