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HALL v. UNITED STATES

No. 20711.

459 F.2d 831 (1971)

Lloyd A. HALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1971.

As Amended January 7, 1972.

Attorney(s) appearing for the Case

Mr. Russell B. Pace, Jr., Washington, D. C. (appointed by this Court), for appellant.

Mr. Carl S. Rauh, Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, Victor W. Caputy, Asst. U. S. Atty., and Lee A. Freeman, Jr., Asst. U. S. Atty., at the time the brief was filed, were on the brief for appellee. Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting

ON REHEARING EN BANC

SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

The question before us is whether evidence of appellant's possession of narcotics, discovered on a search accompanying his arrest under the District of Columbia Narcotic Vagrancy Act,1 was admissible in a prosecution leading to his conviction under federal narcotic laws.2 The arrest and search antedated our holdings in Ricks v. District...

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