UNITED STATES OF AMERICA, APPELLEE,
v.
ALEXANDER NORTON, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant's uncorroborated explanation of possession, without establishing the source's existence or identity, is insufficient to overcome the statutory presumption of illegal importation.
Appellant was arrested with heroin in his possession and convicted of federal narcotics offenses. He admitted possession but claimed he bought the dru…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rebuttal Of Statutory Presumption cases and more on FLexlaw
PER CURIAM.
Alexander Norton appeals from his conviction by Judge Metzner, sitting without a jury, under 21 U.S.C. §§ 173, 174 for concealing or transporting heroin, and under 18 U.S.C. § 1403 for using a communication facility in committing a federal narcotics offense.
On December 6, 1961, Norton was arrested and heroin was found in his possession. At the trial, the government showed possession and relied upon the evidentiary rule in 21 U.S.C. § 174 which permits conviction unless the defendant explains the possession to the satisfaction of the jury.
Norton took the stand and admitted he had heroin in his possession at the time of his arrest. He said he had bought it from a man named Sam on 126th Street, Manhattan, and that on other occasions he had purchased larger quantities of narcotics up to one ounce from a man named Sarge. Denying that he knew, at the time of his arrest, that narcotics were imported, he admitted that he had read about illegal importation of heroin from Italy. He testified that he believed that narcotics were produced in California or New York. Judge Metzner found Norton guilty; he made no findings of fact. Appellant argued that the trial judge should have made more detailed findings with respect to the defendant’s explanation of his possession of the heroin. We disagree.
It is obvious that Judge Metzner found Norton’s explanation unsatisfactory, and to do so was well within his province. United States v. Gibson, 310 F. 2d 79 (2 Cir., 1962). The presumption is not overcome as a matter of law merely because a defendant testifies that he did not know that narcotics were imported illegally and gives as the source of the illegal drugs the name of someone whose existence and identity are not further established. The trial judge is not required to accept such an explanation as a rebuttal of the statutory presumption.
The appellant’s other contentions are without merit.
We express our appreciation to assigned counsel, Thomas Barrett Leary, Esq., for his conscientious representation of the appellant.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carroll Robinson v. United States, 327 F.2d 618 (8th Cir. 1964)
-
United States v. Peeples, 377 F.2d 205 (2d Cir. 1967)
-
Chavez v. United States, 343 F.2d 85 (9th Cir. 1965)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Gibson, 310 F.2d 79 (2d Cir. 1962)