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UNITED STATES v. HERNANDEZ

No. 26497.

444 F.2d 531 (1971)

UNITED STATES of America, Appellee, v. Larry Steve HERNANDEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 27, 1971.

Attorney(s) appearing for the Case

Richard L. Knickerbocker, Torrance, Cal., for appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, David H. Fox, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CARTER, HUFSTEDLER, and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant challenges his conviction for violating 21 U.S.C. § 174 on the ground that the evidence was insufficient to sustain the district court's implied finding of possession of heroin and that the failure to prove possession destroyed the foundation for invoking the statutory inference of knowledge of illegal importation.

There was evidence that appellant had actual possession of part of the heroin...

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