Ronald Jackson v. United States

Ronald Jackson was convicted by a jury of the offense of receiving, concealing, and facilitating the transportation and concealment of heroin near Nogales, Arizona, on December 29, 1967, in violation of 21 U.S.C. § 174 (1964). He appeals. We affirm.

Jackson argues first that the evidence is insufficient to sustain the verdict.

Two of the essential elements of a section 174 offense are that the drugs in question shall have been imported or brought into the United States contrary to law, and that the defendant knew this at the time of his participation in the transaction. There was here no direct evidence tending to establish these elements.

Section 174, however, provides that where it is shown that the defendant had knowing possession of the drug, “such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury.” Possession means such dominion and control as to give power of disposal of the drug. Arellanes v. United States, 9 Cir., 302 F.2d 603, 606 . Such possession can be joint as well as several and constructive as well as actual. Delgado v. United States, 9 Cir., 327 F.2d 641, 642…