United States v. Michael Harling

McGOWAN, Circuit Judge:

In this appeal we are called upon to determine the validity of the presumptions in two federal narcotics statutes 1 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 States . . ., or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought…