¶1Joseph (Sib) Abraham, Jr., Charles Louis Roberts, El Paso, Tex., for defendant-appellant.
¶2John Clark, U.S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U.S. Atty., El Paso, Tex., for plaintiff-appellee.
¶3Before COLEMAN, GOLDBERG and GEE, Circuit Judges.
¶4ORDER
¶5This ease is before the Court on remand from the Supreme Court, John David Moore v. United States,-U.S.-, 97 S.Ct. 29, 50 L.Ed.2d 25 (1976).
¶6We have carefully reviewed the trial record in accordance with the directions of the Supreme Court and find no competent evidence that John David Moore, Jr. was, in fact, a tenant of the apartment in question, and nothing beyond his mere presence, along with another person, to show that it was he who, in fact, possessed the heroin.
¶7It is, therefore, ORDERED
¶8That the judgment of conviction is reversed and the case is remanded to the District Court for the entry of a verdict of not guilty.