Following trial to a jury, appellant was convicted on five counts of a seven count indictment returned against appellant and co-defendant Ruiz. Counts ONE and TWO related only to the co-defend ant Ruiz. Counts THREE, FOUR, FIVE and SIX charged appellant and Ruiz jointly with unlawful concealment and sale of illegally imported heroin, and Count SEVEN charged appellant, only, with unlawful concealment of illegally imported heroin all in violation of 21 U.S.C. § 174 .

Appellant’s assignment of errors state:

The court instructed the jury on circumstantial evidence as follows:

The above instruction was immediately preceded by the court’s instruction pertaining to reasonable doubt, which instructions we find to be clear, comprehensive and complete.

Appellant states in his objection to the quoted instruction as follows:

We find no merit in appellant’s contention. In Holland v. United States, 348 U.S. 121 at pages 139-140, 75 S.Ct. 127 at page 137, 99 L.Ed. 150 (1954), it is stated as follows:

In this same connection appellant argues that:

We note that appellant at no time during the trial moved for a judgment of acquittal based upon the insufficiency of the evidence, nor did he object at the trial to the District Court’s instruction regarding the “possession” presumption found in paragraph 2 of 21 U.S.C. § 174 . It appears to be appellant’s position that the statutory presumption set forth in paragraph 2 of § 174 becomes operative only if possession of heroin is established by direct rather than circumstantial evidence. Such contention was urged upon this court in Rodella v. United States, 286 F.2d 306 (9th Cir. 1960), C.D. 365 U.S. 889 , 81 S.Ct. 1042 , 6 L.Ed.2d 199 , and found to be without substance.

Appellant’s assignment of error that the statutory presumption contained in 21 U.S.C. § 174 is unconstitutional has been repeatedly rejected. See Yee Hem v. United States, 268 U.S. 178 , 45 S.Ct. 470 , 69 L.Ed. 904 (1925); Agobian v. United States, 323 F.2d 693 (9th Cir. 1963), cert. den. 375 U.S. 985 , 84 S.Ct. 517 , 11 L.Ed.2d 472 ; White v. United States, 315 F.2d 113 (9th Cir. 1963), cert. den. 375 U.S. 821 , 84 S.Ct. 58 , 11 L.Ed.2d 55 ; Cellino v. United States, 276 F.2d 941 (9th Cir. 1960).

As previously indicated, we find no merit in appellant’s final assignment of error that in order “to show ‘possession’ under Title 21 U.S.C. Section 174 the government’s evidence must be direct.” See Rodella v. United States, supra.

The judgment of conviction is affirmed.