United States v. Olga Gonzalez, Elba Miranda and Carlos Ovalle , 442 F.2d 698 ( 1971 )

IRVING R. KAUFMAN, Circuit Judge

(dissenting):

For the reasons stated in my dissent from the panel opinion in this case, which the majority of the in banc court today affirms, I continue to believe that the presumption of knowledge in 21 U.S. C. § 174 cannot be upheld on this record. 442 F.2d 703. I find no relevant evidence properly before us upon which to base any conclusion about the likelihood that an average possessor of a “large” quantity of cocaine — whatever that might be — will know that the narcotic was probably imported.