Legal Opinion
United States v. Ralph Febre
Court of Appeals for the Second Circuit
Decided January 8, 1970No. 329, Docket 33241PublishedCited by 57 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
In order to convict a defendant for the concealment or transportation of illegally imported narcotics under 21 U.S.C. § 174, the government must prove that he knew the narcotics to be illegally imported. Since this subjective element of knowledge is often difficult to establish by direct evidence, the government generally relies upon the presumption contained in § 174, which provides that unexplained possession of narcotics shall be deemed sufficient evidence of knowledge of illegal importation. In this case we are called upon to resolve several questions…
2Cases cited17 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Leary v. United StatesSupreme Court of the United States · 1969
- Hirabayashi v. United StatesSupreme Court of the United States · 1943
- Yee Hem v. United StatesSupreme Court of the United States · 1925
- United States v. Charles T. Bennett, Wilbert Haywood, Elmer Jessup, Henry Stanton and Farris ThomasCourt of Appeals for the Second Circuit · 1969
12 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- United States v. Herbert SperlingCourt of Appeals for the Second Circuit · 1975
- United States v. Edward Mapp, A/K/A Sonny WoodsCourt of Appeals for the Second Circuit · 1973
- United States v. Herbert R. JacobsCourt of Appeals for the Second Circuit · 1973
- United States v. Joseph Alfred TannerCourt of Appeals for the Seventh Circuit · 1972
- United States v. Billy W. Gray, Lee Andrew Fennell, Roger Lee Wright, Ronald Cecil Barker and Vance C. DyarCourt of Appeals for the Fifth Circuit · 1980
52 more not listed; retrieve them via the Exa API.