Eugene Nicholas Dolliver, II v. United States

This is an appeal by the defendant from a judgment of conviction on two counts of an indictment charging him with receiving and selling marijuana in violation of 21 U.S.C. § 176a. The sole question presented is whether there exists evidentiary support for the finding, implicit in the jury’s verdict, that the defendant knew the marijuana had been illegally imported into the United States. The answer is yes.

The proof, considered in a light most favorable to the government, shows not only defendant’s ownership but his power, either exclusive or shared, of disposal of the marijuana- — -in short his constructive possession. Arellanes v. United States, 302 F.2d 603 (9th Cir. 1962), cert. denied, 371 U.S. 930 , 83 S.Ct. 294 , 9 L.Ed.2d 238 (1962). And from the fact of such possession the jury was authorized to draw the inference, permitted by the above cited statute, that the defendant knew the marijuana was imported into the United States contrary to law. Quiles v. United States, 344 F.2d 490 (9th Cir. 1965), cert. denied, 382 U.S. 992 , 86 S.Ct. 571 , 15 L.Ed.2d 479 (1966).

The judgment is affirmed.

. To illustrate: There was evidence that during his first conversation with…