United States of America, Appellee, v. Willie B. Mccloud, Appellant, 427 F.2d 242 (4th Cir. 1970)

On appeal from convictions on two counts of violating 21 U.S.C. §§ 173 and 174,¹  the appellant contests the validity of the presumptions contained in the latter statute,²  contends that the evidence is insufficient to support the finding of guilt and questions certain statements made by the trial judge in commenting on the evidence. We find oral argument unnecessary; and we affirm.

The issue relating to the validity of the § 174 presumptions of illegal importation and knowledge of illegal importation as applied to heroin has been resolved adversely to the appellant by Turner v. United States, 396 U.S. 398, 90 S. Ct. 642, 24 L. Ed. 2d 610, decided after appellant's brief was filed. The evidence here was quite sufficient to show that the appellant had sufficient dealings with the drug so that the presumption of knowledge of illegal importation could properly be used against him. 396 U.S. at 416-417, 90 S. Ct. 642.

Implicit in appellant's second argument is a concession that the Government's evidence, if believed, tends to show that on two separate occasions he received, concealed and transported quantities of heroin hydrochloride as charged. Appellant urges, however, that because he was acquitted on two counts of distributing those drugs not in or from the original stamped packages, the jury must necessarily have disbelieved the account of appellant's conduct given by the Government's witnesses, and that without their testimony no evidence sufficient to convict remains. We decline to indulge in such unwarranted speculation into the reasons for a particular jury verdict. United States v. Grow, 4 Cir., 394 F.2d 182. Implicit contradiction in the verdict is not a fatal defect.

Upon a review of the comments made by the trial judge in instructing the jury, we find no merit in appellant's claims that the jury was misled or its function usurped.

Affirmed.