Opinion · Court of Appeals for the Fifth Circuit

Albert Hillaire v. United States

Albert Hillaire v. United States, 438 F.2d 128 (5th Cir. 1971)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1971-02-03
Topic
bankruptcy

PER CURIAM: Albert Hillaire appeals from an order of the district court denying his motion to vacate judgment and sentence filed pursuant to 28 U.S.C. § 2255. 1 We affirm. On November 28, 1966 the appellant pleaded guilty to conspiracy to import, receive, conceal, sell and facilitate the transportation of some 2400 pounds of *129 marihuana, in violation of 21 U.S.C. § 176a. He now contends that his guilty plea was not freely and understandingly entered because it was induced by the presumption stated in § 176a. The provision of § 176a which allowed a jury to infer knowledge of illegal importation from the fact of possession was held unconstitutional in Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

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