United States v. Martin Gonzalez Curbelo

Curbelo, appealing from conviction of violating 26 U.S.C.A. § 174 under a single count charging sale of heroin, raises the constitutionality of the § 174 presumption of knowledge. This issue has been determined by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970).

The material sold by appellant was represented by him to be heroin. An agent ran a Marquis Reagant test on a sample and reported to the buying agent that the results were positive, and the buyer then paid the appellant. Appellant contends that his motion for judgment of acquittal, made at the conclusion of…