finding no constructive possession
How later courts described this case
- finding no constructive possession
Written by the judges who cited it.
The opinion
SMITH, Circuit Judge
(dissenting).
I dissent. I would affirm the conviction here. Jones was a facilitator, with knowledge of Big Charlie’s possession, actively promoting the sale by Big Charlie to Brown for Jones’s gain. Jones was so far in partnership in the enterprise that Big Charlie’s possession is Jones’s possession for the application of the presumption of knowledge of illegal importation. See United States v. San-tore, 2 Cir. 1960, 290 F.2d 51 concurring opinion at pp. 82, 83.