# United States v. Eugene Jones

> Court of Appeals for the Second Circuit · August 17, 1962 · 308 F.2d 26

URL: https://www.frixlaw.com/law-library/cases/9448838

## Case

- **Full name:** UNITED STATES of America, Appellee, v. Eugene JONES, Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** August 17, 1962
- **Citations:** 308 F.2d 26; 1962 U.S. App. LEXIS 4273
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Moore, Smith, Clark, Waterman, Friendly, Kaufman, Hays, Marshall
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448838

## How later opinions describe it (automated extraction)

- finding no constructive possession

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448838. Public record. Not legal advice.