Helinda Jimenez v. United States
Helinda JIMENEZ, Appellant, v. UNITED STATES of America, Appellee
Opinion
ON PETITION FOR REHEARING PER CURIAM:
Helinda 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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