United States v. Paul Edward Simon

Defendant was convicted by a jury of importing marihuana and hashish contrary to law in violation of 21 U.S.C. § 176a, and of importing amphetamines and barbiturates contrary to law in violation of 18 U.S.C. § 545 . He was sentenced to five years on the section 176a charge and two years on the section 545 charge, the sentences to run concurrently.

Defendant’s contention that section 176a violates his privilege against self-incrimination is without merit. United States v. Scott, 425 F.2d 55 (9th Cir. March 6, 1970) (in banc); Witt v. United States, 413 F.2d 303 (9th Cir. 1969).

Defendant also contends that it was error to instruct the jury in accordance with the second paragraph of section 176a, allowing the jury to infer from the fact of possession that the marihuana was imported contrary to law and that the defendant was aware that the marihuana was so imported. The inference of knowledge of illegal importation was invalidated in Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969). In United States v. Scott, supra, we held that where an instruction permitting the inference was given in a jury trial the conviction must be reversed “unless the giving of the…