United States v. Gregory Clarke Buck

Following trial to the court sitting without a jury, a jury trial having been expressly waived, in writing, in open court, by appellant who was represented by counsel of his own choosing, appellant was convicted on two counts of violating 21 U.S.C. § 176a. He was sentenced to the custody of the Attorney General for seven years on one count, and four years on the other, both sentences to be served concurrently.

Each count charged that on or about December 12, 1966, appellant, with intent to defraud the United States, knowingly received, concealed and facilitated the transportation and concealment of a specified quantity of marihuana which, as he well knew, had been imported into the United States contrary to law.

Insofar as here relevant, § 176a imposes criminal punishment upon every person who:

A subsequent paragraph of the section provides:

On this appeal, appellant specifies several alleged errors, only one of which we deem necessary to discuss.

Appellant contends that the evidence before the District Court, absent the “knowledge” aspect of the presumption contained in § 176a, is insufficient to sustain the judgment of conviction. We agree.

The record before us furnishes…