(concurring).
I concur in affirmance of the judgment of the district court. There was ample evidence to support the jury’s verdict.
Judge Palmieri’s charge effectively read the presumption out of the case. In view of the fact that Goldstein did *755not take the witness stand in his own defense, I see no reason to conjure up possible legal arguments dealing with the hypothetical standing which Gold-stein might have had to raise the constitutional issue if he had taken the stand.