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421 F.2d 1401

Docket No. 24698.

Jimenez v. United States

Fifth Circuit Court of Appeals

Decided Feb. 9, 1970.

Fifth Circuit Court of Appeals · decided 1970-02-09

Cited by 7 later decisions — most recently February 1971

7 federal appellate ·

2 counsel of record

Relies on Leary v. United States · Turner v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-02-09

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¶1*1402Marian S. Rosen, Clyde W. Woody, Houston, Tex., for appellant.

¶2James R. Gough and Gerald Applewhite, Asst. U. S. Attys., Houston, Tex., for appellee.

¶3Before AINSWORTH and SIMPSON, Circuit Judges, and SINGLETON, District Judge.

¶4ON PETITION FOR REHEARING

¶5PER CURIAM:

¶6Helinda Jimenez was convicted on a two-count indictment charging her with violations of 21 U.S.C. § 174 (1964). Her conviction was based upon her discovered possession of heroin. We affirmed that conviction on June 26, 1968. We withheld a determination on this petition for rehearing pending action by the Supreme Court in two cases. That action has now been taken. Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (January 20, 1970); Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969). Neither Turner nor Leary casts doubt upon the validity of the conviction we consider here. The section 174 presumption re-maing viable with respect to heroin. The petition for rehearing is accordingly denied.

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