United States v. Tommy Duane Tunnell

Tommy Duane Tunnell appeals his conviction under 21 U.S.C. § 176a. On Janu ary 10,1968, Tunnell and four other individuals were indicted for violations of federal narcotics laws. In Count Five of the indictment Tunnell and a co-defendant, Hoover, were charged with having “knowingly received, concealed and facilitated the transportation and concealment” of marihuana which they knew had theretofore “been imported and brought into the United States contrary to law.”

On February 29, 1968, the jury found Tunnell guilty as charged. The matter was continued for sentencing until March 25, 1968. Tunnell, however, failed to appear at the sentencing hearing; consequently, his bond was forfeited and a bench warrant was issued for his arrest. Tunnell remained a fugitive until May, 1980. On August 18, 1980, he was sentenced to five years’ imprisonment.

On appeal, Tunnell contends that he was denied due process at trial because the jury was instructed in accordance with the presumption contained in 21 U.S.C. § 176a. This presumption, which permitted the jury to presume or infer that the marihuana had been illegally imported from proof that the defendant was in possession of the marihuana, was…