United States v. Lino Luis Felix

Lino Luis Felix appeals from his conviction, after a trial to the court without a jury, on three counts of an indictment charging heroin offenses. The first count charged Felix with knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of illegally imported heroin on February 20, 1969, contrary to 21 U.S.C. § 174 . The second count, also based upon section 174, charged defendant with selling and facilitating the sale of the same heroin on the same date. The third count charged him with knowingly and unlawfully selling the same heroin on the same date to Raymond J. McKinnon, without obtaining from McKinnon a written order on a form issued by the Secretary of the Treasury, in violation of 26 U.S.C. § 4705 (a). Concurrent five-year sentences were imposed.

Felix argues that the application of the presumption in 21 U.S.C. § 174 deprived him of due process of law because there is not the constitutionally-required rational connection between the presumed facts and the facts actually proved.

The Supreme Court has recently rejected a similar contention. Turner v. United States, 396 U.S. 398 , 90 S.Ct. 642 , 24 L.Ed.2d 610 (1970). While Felix…